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Chapter One    State Council Institutional Documents

 


1.1 Guiding Opinions of the General Office of the State Council on the Government's Purchase of Services from Social Forces

State Council issued [2013] No. 96

People's governments of provinces, autonomous regions, and municipalities directly under the Central Government, ministries and commissions of the State Council, and agencies directly under the State Council:

The 18th CPC National Congress emphasized the need to strengthen and innovate social management and improve the way government provides public services. The new State Council has made major deployments to further transform government functions and improve public services. It has clearly requested that more social forces be used in the field of public services and that the government purchase more services. With the consent of the State Council, the following guidance is proposed on the government's purchase of services from social forces.

I. Fully understand the importance of the government purchasing services from social forces

Since the reform and opening up, the construction of China's public service system and system has continued to advance. The main bodies and methods of public service provision have gradually diversified, and a public service supply model led by the government, social participation, and government-run private-run government has been formed. At the same time, compared with the growing public service demand of the people, public services in many areas have outstanding problems such as low quality efficiency, insufficient scale, and imbalanced development. There is an urgent need for the government to further strengthen public service functions and innovate public service supply models. , Effectively mobilize social forces, build a multi-level, multi-mode public service supply system, and provide more convenient, fast, high-quality, and efficient public services. When the government purchases services from social forces, it is through the role of the market mechanism that a part of the public services provided by the government directly to the public should be borne by qualified social forces in accordance with certain methods and procedures. Quality pays for it. In recent years, some localities have actively explored the purchase of services from social forces based on reality, and have achieved good results. They have accumulated a lot of good practices and experience in policy guidance, funding guarantees, and working mechanisms.

Practice has proved that promoting the government to purchase services from social forces is an important way to innovate public service delivery methods, accelerate the development of the service industry, and guide effective demand. For deepening reforms in the social field, promoting the transformation of government functions, integrating the use of social resources, and increasing public participation awareness, It is of great significance to stimulate economic and social vitality, increase the supply of public services, and improve the level and efficiency of public services. Local people's governments at all levels must, in light of local economic and social development and the actual needs of the people, adapt to local conditions and actively and steadily advance the government's purchase of services from social forces, continuously innovate and improve public service supply models, and accelerate the construction of a service-oriented government.

2. Correctly grasp the general direction of the government's purchase of services from social forces

(A) guiding ideology.

“三个代表”重要思想、科学发展观为指导,深入贯彻落实党的十八大精神,牢牢把握加快转变政府职能、推进政事分开和政社分开、在改善民生和创新管理中加强社会建设的要求,进一步放开公共服务市场准入,改革创新公共服务提供机制和方式,推动中国特色公共服务体系建设和发展,努力为广大人民群众提供优质高效的公共服务。 Guided by Deng Xiaoping Theory, the important thinking of the "Three Represents", and the scientific outlook on development, we will thoroughly implement the spirit of the 18th National Congress of the Communist Party of China, firmly grasp the accelerated transformation of government functions, promote the separation of government affairs from the separation of government and society, and improve people's livelihood and innovative management. China needs to strengthen social construction requirements, further open up public service market access, reform and innovate public service delivery mechanisms and methods, promote the construction and development of public service systems with Chinese characteristics, and strive to provide high-quality and efficient public services to the general public.

(2) Basic principles.

——Proactive and prudent, orderly implementation. Based on the basic national conditions of the primary stage of socialism, we should accurately grasp the demand for social and public services from the actual conditions in various places, give full play to the leading role of the government, and orderly guide social forces to participate in the supply of services to form a joint force to improve public services.

——Scientific arrangements, focusing on practical results. Adhere to careful calculation, clarify rights and obligations, earnestly improve the efficiency of the use of financial funds, use limited funds on the blade, and use them where they are most needed to ensure tangible results.

——Choose the best in an open way, and decide on a fee. In accordance with the principles of openness, fairness, and impartiality, we must adhere to the change of fees and choose the social forces that undertake government procurement of services through competitive selection, and ensure that qualified social forces participate in competition on an equal basis. Strengthen supervision and inspection and scientific evaluation, and establish a dynamic adjustment mechanism for the survival of the fittest.

—— Reform and innovation and improve the mechanism. Adhere to the reform of public institutions, promote the separation of government affairs from the separation of government and society, liberalize market access, and release reform dividends. Where society can do well, give it to social forces as much as possible to effectively solve the shortage of public service products in some areas, Quality and efficiency are not high. Summarize the reform practice experience in a timely manner, draw on foreign beneficial results, actively promote the healthy development of government purchase of services from social forces, and accelerate the formation of a new mechanism for public service provision.

(3) Target tasks.

During the "Twelfth Five-Year Plan" period, the government's work of purchasing services from social forces was gradually promoted in various places. A unified and effective platform and mechanism for purchasing services was initially formed, and significant progress was made in the construction of relevant systems and regulations. By 2020, a relatively complete government system for purchasing services from social forces will be basically established in the country, and a highly efficient and reasonable public service resource allocation system and supply system that will be compatible with economic and social development will have a significant improvement in the level and quality of public services.

3. Standardize and orderly carry out the government's purchase of services from social forces

(1) Purchase subject.

The main bodies of government purchasing services from social forces are administrative organs at all levels and institutions with administrative functions that are managed with reference to the Civil Service Law. Group organizations that are included in the administrative establishment and whose funding is financially borne can also provide public services by purchasing services according to actual needs.

(2) Undertake the subject.

The main bodies undertaking government procurement services include social organizations registered in the civil affairs department or exempted from registration upon approval by the State Council, and social forces such as enterprises and institutions registered in the industrial and commercial management or industry authorities. The entity that undertakes government purchase of services should have the ability to independently bear civil liability, the facilities, personnel and professional skills necessary to provide services, a sound internal governance structure, financial accounting and asset management systems, and good social and commercial Reputation, has a good record of paying taxes and social insurance according to law, and meets other conditions recognized by the registration management department according to law. The specific conditions of the undertaking entity shall be determined by the purchasing entity in conjunction with the financial department according to the nature and quality requirements of the purchased service item.

(3) Purchase content.

The content of the government's purchase of services from social forces is public services that are suitable for market-oriented methods and can be undertaken by social forces, highlighting publicity and public welfare. Education, employment, social security, medical care, housing security, culture and sports, and services for the disabled must be stepped up by the government to purchase services from social forces. In the field of non-basic public services, the role of social forces must be better and better. Anything suitable for social forces can be entrusted to social forces through entrustment, contracting and procurement. The government shall not purchase from the social forces public services that should be provided directly by the government and are not suitable for social forces to undertake, as well as service items that are not within the scope of the government's responsibilities. All regions and relevant departments should follow the principles that are conducive to the transformation of government functions, help reduce service costs, and improve service quality and financial efficiency. Based on fully listening to the opinions of all sectors of the society, study and formulate government policies for purchasing services from social forces. Guidance catalog, clarify the type, nature and content of services purchased by the government, and make dynamic adjustments in a timely manner based on the summary of the pilot experience.

(4) Purchase mechanism.

All localities shall establish and improve the government's mechanism for purchasing services from social forces in accordance with the principles of openness, fairness, and impartiality, and promptly and fully disclose to the society the information about purchased service items, content, requirements for the undertaking entities, and performance evaluation standards, and establish and improve project declaration, Standardized procedures for budget preparation, organizational procurement, project supervision, and performance evaluation. Purchasing work shall be determined in accordance with the relevant provisions of the Government Procurement Law, using open tendering, invitation to tender, competitive negotiation, single source, inquiry, etc. Subcontracting is strictly prohibited. The purchasing entity shall sign a contract with the undertaking entity in accordance with the contract management requirements, clarify the scope, subject matter, quantity, quality requirements of the purchased service, as well as the service period, fund payment method, rights and obligations, and liabilities for breach of contract, etc. Strengthen the tracking and supervision of the entire process of service provision and the inspection and acceptance of service results. The undertaking entity shall strictly perform the contractual obligations, complete the service project tasks on time, and ensure the quantity, quality and effect of the services.

(5) Fund management.

The funds required by the government to purchase services from social forces are considered in the existing budget arrangements. The increased funds required by the government to provide public services should be included in the fiscal budget in accordance with budget management requirements. Strict fund management should be ensured to ensure openness, transparency, standardization and effectiveness.

(6) Performance management.

Strengthen the government's performance management of purchasing services from social forces, and strict performance evaluation mechanism. Establish and improve a comprehensive review mechanism consisting of purchase entities, service objects, and third parties to evaluate and evaluate the number, quality, and performance of funds used in purchasing services. The results of the evaluation will be announced to the society and used as an important reference basis for preparing the government's budget for purchasing services from social forces and selecting the main body for government procurement of services in future years.

4. Promote the government's purchase of services from social forces

(1) Strengthen organizational leadership.

Promoting the government to purchase services from social forces is a matter of vital importance to the people and is an important task to protect and improve people's livelihood. Local people's governments at all levels should put this work on the agenda of important tasks, strengthen overall coordination, and conscientiously formulate and gradually improve the government's policies and measures for purchasing services from social forces based on local realities, and copy them to the government department at the next higher level. . The Ministry of Finance shall work with relevant departments to strengthen guidance and supervision of local governments in purchasing services from social forces, summarize and promote successful experiences, and actively promote the establishment of relevant systems and regulations.

(2) Improve the working mechanism.

When purchasing services from social forces, the government must ensure that the work is carried out in an orderly manner in accordance with the requirements of government leadership, departmental responsibility, social participation, and joint supervision. “政府统一领导,财政部门牵头,民政、工商管理以及行业主管部门协同,职能部门履职,监督部门保障”的工作机制,拟定购买服务目录,确定购买服务计划,指导监督购买服务工作。 Local people's governments at all levels may establish a working mechanism of “unified government leadership, led by the financial department, coordinated by civil affairs, business administration, and industry competent departments, functional departments performing duties, and supervising department guarantees” according to the actual conditions in the region . Determine the purchase service plan and guide and supervise the purchase service work. Relevant functional departments should strengthen coordination and communication so as to take responsibility for each other and co-ordinate management.

(3) Strict supervision and management.

All regions and departments must strictly abide by relevant financial and financial management regulations, ensure that the government purchases service funds from social forces in a standardized way and manages and uses them, and must not withhold, misappropriate or detain funds. The purchaser shall establish and improve an internal supervision and management system, disclose information related to the purchase of services in accordance with regulations, and consciously accept social supervision. The undertaking entity shall improve the financial reporting system and audit the financial report by a certified accountant with legal qualifications. The financial department shall strengthen the organization and guidance of the implementation of the government's purchase of services from social forces, strict capital supervision, supervision and auditing departments shall strengthen supervision, and civil affairs, industrial and commercial management, and industry competent departments shall incorporate government procurement services into annual inspections in accordance with the division of functions. , Evaluation, law enforcement and other regulatory systems.

4. Do a good job of propaganda and guidance.

Local people's governments at all levels and relevant departments of the State Council must widely publicize the purpose, significance, goals, tasks and related requirements of the government in purchasing services from social forces, do a good job of policy interpretation, strengthen public opinion guidance, actively respond to public concerns, and fully mobilize the enthusiasm for social participation .

Office of the State Council

September 26, 2013

1.2 The State Council encourages social investment by investing and financing mechanisms in innovative key areas

Guidance

Guofa [2014] No. 60

People's governments of provinces, autonomous regions, and municipalities directly under the Central Government, ministries and commissions of the State Council, and agencies directly under the State Council:

In order to promote the strategic adjustment of economic structure, strengthen the construction of weak links, and promote sustainable and healthy economic development, it is urgent to further innovate investment and financing mechanisms in key areas such as public services, resources and environment, ecological construction, and infrastructure, and to give full play to social capital, especially private capital. Positive effect. To this end, the following comments are made.

I. General requirements

(1) Guiding ideology. Fully implement the spirit of the 18th CPC National Congress and the 3rd and 4th Plenary Sessions of the 18th Central Committee of the CPC. According to the decision-making and deployment of the Party Central Committee and the State Council, the market will play a decisive role in the allocation of resources and better play the role of the government, breaking industry monopoly and market barriers. Effectively reduce the barriers to entry, establish fair and transparent market rules, create an investment environment with equal rights, equal opportunities, and equal rules, and further encourage social investment, especially private investment, revitalize existing stocks, make good use of increments, adjust structures, and make up for shortfalls Board to serve the nation ’s productivity distribution, promote the construction of key areas, and increase the effective supply of public goods.

(2) Basic principles. Implementing unified market access to create equal investment opportunities; innovating investment operation mechanisms to expand social capital investment channels; optimizing government investment directions and methods to play a leading role; innovating financing methods to expand financing channels; improving the price formation mechanism to bring prices into play Leverage.

Innovative ecological and environmental protection investment operation mechanism

(3) Deepen the reform of the forestry management system. Promote the reform of the management system of state-owned forest areas and state-owned forest farms, improve forest management and logging management systems, and carry out scientific forest management. We will deepen the reform of the collective forest tenure system, stabilize the contractual relationship of forest tenure, revitalize forest land management rights, and encourage the standardized transfer of forest tenure. Encourage the afforestation of barren hills and wasteland, and conversion of farmland to forest and forest land. Reduction and exemption of forest rights circulation taxes and fees, effectively reducing circulation costs.

(4) Promote the diversification of the main body of ecological construction. On the premise of strict protection of forest resources, social capital is encouraged to actively participate in ecological construction and protection, and support qualified farmers' cooperatives, family farms (forest farms), large professional households, and forestry enterprises to invest in ecological construction projects. Under the premise of ensuring ecological benefits and meeting the requirements for land use control, the use of barren hills and wasteland for social capital to allow the development of ecological industries such as under-forest economy and forest tourism is allowed.

(5) Promote the marketization of environmental pollution control. In key industries such as power and steel, and pollution control in development zones (industrial parks), we vigorously promote third-party environmental pollution control. Through commissioning of governance services and custody operation services, sewage companies pay to purchase professional environmental service companies for pollution control. Emission reduction services to improve the industrialization and specialization of pollution control. Steadily promote the government's purchase of environmental monitoring services from society. Establish a recommendation system for third-party pollution control companies in key industries.

(6) Actively carry out pilot projects on emissions trading and carbon emissions trading. Promote the trial of paid use and trading of emission rights, establish a paid use system of emission rights, standardize the emission right trading market, and encourage social capital to participate in pollution reduction and emissions trading. Accelerate the adjustment of the standards for the collection of pollutant discharge fees for major pollutants, and implement a differentiated sewage charge policy. Accelerate the trial of carbon emission trading system in China, explore forest carbon sink trading, develop carbon emission trading market, encourage and support social investors to participate in carbon quota trading, discover the function of prices through financial markets, adjust the interests of different economic entities, and effectively promote Environmental protection and energy saving.

Encourage social capital to invest in agricultural and water conservancy projects

(7) Cultivate diversified investment subjects in agriculture and water conservancy projects. Support farmers, cooperatives, family farms, large professional households, and agricultural enterprises to invest in the construction of farmland water conservancy and soil and water conservation facilities. The small-scale farmland water conservancy and soil and water conservation project assets formed by financial subsidies are held and managed by the Agricultural Water Cooperation Organization. Encourage social capital to participate in the construction and operation of major water-saving and water-supply projects with certain benefits through franchising and equity participation. For major water conservancy projects that social capital is willing to invest in, we must actively encourage social capital investment and construction.

(8) Guaranteeing reasonable returns on investment in agricultural and water conservancy projects. If social capital invests in the construction or operation and management of farmland water conservancy, soil and water conservation facilities, and water-saving water supply major water conservancy projects, it enjoys the same policy treatment as state-owned and collective investment projects, and can obtain operating income such as water supply and water fees according to law; if it undertakes public welfare tasks, the government Appropriate subsidies can be given to investment in project construction, maintenance, maintenance and management, and preferential policies can be implemented. Social capital investment in construction or operation and management of farmland water conservancy facilities, major water conservancy projects, etc. can be inherited, transferred, subleased, and mortgaged related rights and interests in accordance with law; if it is levied, requisitioned or occupied, compensation or compensation shall be provided in accordance with relevant state regulations.

(9) Attract social capital to participate in the development, utilization and protection of water resources through the reform of the water rights system. Speed up the establishment of a water rights system, cultivate and standardize the water rights trading market, actively explore various forms of water rights transaction circulation methods, and allow localities to meet new and reasonable water demand through water rights transactions. Encourage social capital to preferentially obtain the right to use new water resources by participating in investment and construction of major water conservation projects for water-saving and water supply.

(10) Improve the water price formation mechanism of water conservancy projects. Pilot projects on comprehensive reform of agricultural water prices will be carried out to further promote agricultural water conservation. The price of non-agricultural water for water conservancy projects is reasonably formulated in accordance with the principles of compensation costs, reasonable returns, high-quality premium prices, and fair burdens, and timely adjustments based on changes in water supply costs and social affordability. . When the price adjustment is not in place, the local government can arrange financial funds according to the actual situation to reasonably compensate the operating unit.

4. Promote the marketization of municipal infrastructure investment operations

(11) Reform the operation mode of municipal infrastructure construction. Promote the transformation of municipal infrastructure construction and operation institutions to enterprise management with independent accounting and independent operation. Encourage the breaking of the decentralized operation model based on the project, implement large-scale operations, reduce construction and operating costs, and improve investment benefits. “打包”投资和运营,鼓励实行城乡供水一体化、厂网一体投资和运营。 Promote city, county, township and village-level sewage collection and treatment and garbage disposal projects to be “packaged” for investment and operation according to industry , and encourage the implementation of integrated urban and rural water supply and integrated plant and network investment and operation.

(12) Actively promote the participation of social capital in municipal infrastructure construction and operation. Encourage social capital to invest in urban water supply, heating, gas, sewage treatment, construction waste resource utilization and treatment, urban integrated corridors, park supporting services, public transportation , Parking facilities and other municipal infrastructure projects, the government selects operators that meet the requirements in accordance with the law. The government can use the entrusted operation or transfer-operate-transfer (TOT) method to transfer the completed municipal infrastructure projects to social capital operation management.

(13) Strengthening infrastructure construction in counties. In accordance with the requirements of new-type urbanization, we will develop conditional county towns and key towns into small and medium-sized cities, support infrastructure construction, and enhance the ability to absorb agricultural transfers. Select counties and key towns with industrial bases, characteristic resources and geographical advantages to implement pilot projects, and increase policy support for introducing market mechanisms to municipal infrastructure construction and operation.

(14) Improve the price mechanism of municipal infrastructure. Accelerate the improvement of the price formation, adjustment and compensation mechanism of municipal infrastructure, so that operators can obtain reasonable returns. The upstream and downstream price adjustment linkage mechanism is implemented. When the price adjustment is not in place, the local government can arrange financial funds to reasonably compensate the operation of the enterprise according to the actual situation.

V. Reform and improve transportation investment and financing mechanisms

(15) Speed up the reform of railway investment and financing systems. Make good use of the railway development fund platform to attract social capital participation and expand the scale of the fund. Make full use of the comprehensive railway land development policy to support development of the railway with development proceeds. In accordance with the market-oriented direction, the railway freight rate formation mechanism will be continuously improved. Release the ownership and operation rights of inter-city railways, municipal (suburban) railways, resource development railways and branch railways to local governments and social capital. In accordance with the requirements for the construction of a modern enterprise system, protect the rights and interests of investors, and promote the implementation of demonstration projects that introduce private capital, such as the Mengxi-Central China, Changchun-Xiba Yanhua Railway. “多式衔接、立体开发、功能融合、节约集约”的原则,对城市轨道交通站点周边、车辆段上盖进行土地综合开发,吸引社会资本参与城市轨道交通建设。 Encourage the comprehensive development of land around urban rail transit stations and vehicle depots in accordance with the principles of "multi-modal connection, three-dimensional development, functional integration, and economical intensiveness" to attract social capital to participate in urban rail transit construction.

(16) Improve the highway investment and financing model. Establish and improve the government-led, hierarchically responsible, and multi-funded road investment and financing models, improve toll road policies, attract social capital input, and raise construction and maintenance funds through multiple channels. Gradually establish a coordinated development mechanism for expressways and ordinary highways to promote the sustainable and healthy development of ordinary highways.

(17) Encourage social capital to participate in water transport and civil aviation infrastructure construction. “航电结合”等投融资模式,按相关政策给予投资补助,鼓励社会资本投资建设航电枢纽。 Explore the development of investment and financing models such as "combination of avionics and power", grant investment subsidies in accordance with relevant policies, and encourage social capital to invest in the construction of avionics hubs. Encourage social capital to invest in the construction of ports and inland navigation facilities. Actively attract social capital to participate in the investment and construction of hub airports, trunk airports, and airport supporting services and facilities that are relatively profitable, and broaden the source of funding for airport construction.

Encourage social capital to strengthen investment in energy facilities

(18) Encourage social capital to participate in power construction. On the premise of ecological environment protection, resettlement and project safety, social capital is encouraged to invest in conventional hydropower stations and pumped-storage power stations through means such as owner bidding. Under the premise of ensuring that nuclear power holding entities have the responsibility for nuclear safety, social capital is introduced to participate in nuclear power project investment, and private capital is encouraged to enter the nuclear power equipment research and development and nuclear power service fields. Encourage social capital to invest in wind energy, biomass, and other clean energy projects and back-pressure cogeneration units, and enter the clean and efficient coal power project construction, coal-fired power plant energy conservation, emission reduction, and upgrading.

(19) Encourage social capital to participate in grid construction. Actively attract social capital to invest in cross-regional transmission channels, regional backbone power grid improvement projects, and large and medium-sized cities' distribution network projects. Ⅱ回线路和滇西北送广东特高压直流输电工程等项目作为试点,引入社会资本。 Projects such as the Hainan Power Grid Ⅱ return line and Northwest Yunnan to Guangdong UHV DC transmission project will be used as pilot projects to introduce social capital. Encourage social capital to invest in the construction of distributed power grid-connected projects, energy storage devices, and electric vehicle charging and replacement facilities.

(20) Encourage social capital to participate in the construction and operation of oil and gas pipeline networks, storage facilities, and coal storage and transportation. Support private enterprises and local state-owned enterprises to participate in the construction of oil and gas pipeline backbones, coastal liquefied natural gas (LNG) receiving stations, underground gas storages, urban gas distribution networks and urban gas storage facilities, and control and construction of oil and gas pipeline network branches, crude oil and finished products Oil commercial reserve. Encourage social capital to participate in the construction of railway coal transport trunks and coal storage and distribution systems. Petrochemical base refinery and chemical integration projects determined by the state plan are open to social capital.

(21) Streamline the energy price mechanism. Further promote the reform of natural gas prices. In 2015, the stock gas and incremental gas prices will be brought into line, the prices of natural gas sources for non-residents will be gradually liberalized, and unconventional natural gas price market policies such as shale gas and coal bed gas will be implemented. A price policy for natural gas pipeline transportation will be introduced as soon as possible. According to the principle of reasonable cost plus reasonable profit, timely adjust the benchmark electricity prices for coal-bed methane power generation and waste heat and pressure power generation. Promote the marketization of cold, heat and electricity prices for natural gas distributed energy. Improve the renewable energy generation price policy, study and establish a basin-level cascade benefit compensation mechanism, and adjust and improve the environmental protection electricity price policy of coal-fired generating units in a timely manner.

Promote the diversification of investment entities in information and civil space infrastructure

(22) Encourage the telecommunications industry to further open to private capital. Further improve laws and regulations, and amend the catalog of telecommunication services as soon as possible. Study and introduce specific pilot measures to encourage and guide private capital to invest in the construction of broadband access networks and business operations, and vigorously develop broadband users. Promote the pilot work of mobile telecommunications resale business by private enterprises to promote business innovation and development.

(23) Attract private capital to increase investment in information infrastructure. Support basic telecommunication enterprises to introduce private strategic investors. Promote the introduction of private capital by China Tower Corporation to achieve mixed ownership development.

(24) Encourage private capital to participate in the construction of national civil space infrastructure. Improve the civil remote sensing satellite data policy, strengthen government procurement services, encourage private capital to develop, launch and operate commercial remote sensing satellites, and provide market-oriented and professional services. Guide private capital to participate in the construction of satellite navigation ground application systems.

Encourage social capital to increase investment in social undertakings

(25) Speed up the classification reform of public institutions for social undertakings. Actively promote the reform of eligible institutions in the fields of pension, culture, tourism, and sports, as well as eligible medical institutions in public hospital-rich areas, to create conditions for social capital to enter and encourage social capital to participate in the reform of public institutions. Eligible state-owned unit training and recuperation institutions will be transformed into elderly care institutions.

(26) Encourage social capital to increase investment in social undertakings. Through sole proprietorships, joint ventures, cooperation, joint ventures, leasing, and other means, franchise, public construction, private office, and private office assistance are used to encourage social capital to participate in the construction of education, medical care, retirement, sports fitness, and cultural facilities. Issue opinions as soon as possible to encourage social forces to launch education and promote the healthy development of private education. All localities must make overall planning and scientifically lay out various public service facilities when preparing overall urban planning, regulatory detailed planning, and related special planning. Governments at all levels have gradually expanded the scope of government-purchased services such as education, medical care, old-age care, sports fitness, and culture, and various business entities have participated equally. Qualified medical institutions will be included in the scope of designated medical insurance.

(27) Improve and implement preferential policies on taxes and fees for social undertakings. Further improve the implementation of preferential tax policies for non-profit education, medical, pension, sports and fitness, and cultural institutions. Non-profit medical and old-age institution construction will be exempted from related administrative and institutional charges, while non-profit medical and old-age institution construction will be halved and collected from related administrative and institutional charges.

(28) Improve the price management policies for social undertakings. Private education and medical institutions use the same price policy as electricity, water, gas and heat for public education and medical institutions. The electricity, water, gas and heat for the elderly care institutions shall be implemented according to the price of residents' living. Except for the basic services provided by public medical and pension institutions, which are implemented in accordance with the price policies set by the government, other medical and pension services are subject to independent pricing by operators. For-profit private schools charge their own pricing, and the non-profit private schools charge policies are determined by the local government in accordance with the market direction and according to local actual conditions.

Nine, establish and improve the government and social capital cooperation ( PPP ) mechanism

(29) Promote the government and social capital cooperation (PPP) model. Carefully sum up experience, strengthen policy guidance, actively promote the PPP model in the areas of public services, resources and environment, ecological protection, infrastructure and other fields, regulate the selection of project partners, introduce social capital, and enhance public product supply capabilities. Relevant government departments must strictly manage relevant laws and regulations in accordance with the budget, improve the financial subsidy system, and effectively control and prevent financial risks. Improve the legal system of the PPP model to ensure the smooth operation of the project. Encourage the revitalization of stock resources through PPP, and realizing funds should be used for the construction of key areas.

(30) Standardize cooperative relations and protect the interests of all parties. Relevant government departments should formulate management methods and issue standard contract templates as soon as possible, and provide detailed regulations on PPP project owner selection, price management, return methods, service standards, information disclosure, breach of contract punishment, government takeover, and evaluation and argumentation to standardize cooperative relationships. To balance the interests of the public and investors, we must protect the interests of the public and protect the legitimate rights and interests of the operators.

(31) Improve risk prevention and supervision mechanisms. The government and investors should fully demonstrate the possible policy risks, business risks, environmental risks, and legal risks of PPP projects, improve contract design, and improve dispute resolution and risk prevention mechanisms. Establish an independent, transparent, accountable and professional PPP project supervision system, and form a supervision mechanism involving the joint supervision of government regulators, investors, the public, experts, and the media.

(32) Improve the exit mechanism. The government must make clear the exit path of PPP projects with investors to ensure the continuous and stable operation of the projects. After the project cooperation is over, the government should organize the takeover work and properly handle issues such as investment recovery and asset disposal.

X. Give full play to the leading role of government investment

(33) Optimize the use of government investment. Government investment is mainly invested in public welfare and basic construction. “四两拨千斤”的引导带动作用。 For key areas such as ecological environment protection, agriculture, forestry and water conservancy, municipal infrastructure, and social undertakings that encourage social capital participation, government investment can provide support based on actual conditions, and give full play to the leading role of government investment in "four or two pounds".

(34) Improve the use of government investment. Under the same conditions, government investment gives priority to supporting projects that introduce social capital. According to different project conditions, it supports social capital to participate in the construction of key areas through investment subsidies, fund injections, guarantee subsidies, and loan discounts. Quickly formulate management measures for government investment to support social investment projects and standardize government investment arrangements.

Eleven, innovative financing methods to expand financing channels

(35) Explore innovative credit services. Support the development of guaranteed innovation loans such as pollution discharge rights, charging rights, collective forest rights, franchise rights, expected revenue from purchase service agreements, and collective land contracting management rights pledge loans. Explore the use of projected water supply, heating, power generation, sewage and garbage disposal and other expected income pledge loans to allow the use of related income as a source of repayment. Encourage financial institutions to provide financing support for social undertakings organized by private capital.

(36) Promote agricultural financial reform. Explore the use of credit guarantees and discounts, business incentives, risk compensation, cost subsidies, investment funds, and mutual credit, agricultural insurance and other methods to enhance the loan financing capabilities and risks of farmers' cooperatives, family farms (forest farms), large professional households, and agroforestry Resistance.

(37) Give full play to the active role of policy-oriented financial institutions. Within the scope of business approved by the state, increase support for public service, ecological and environmental protection, and infrastructure construction projects. Efforts will be made to provide long-term stable and low-cost financial support for major projects such as ecological environment protection, agricultural and forestry water conservancy, railways and highways in the central and western regions, and urban infrastructure.

(38) Encourage the development of investment funds that support the construction of key areas. Vigorously develop equity investment funds and venture capital funds, encourage private capital to initiate private investment and other methods to initiate the establishment of industrial investment funds that mainly invest in public services, ecological environment protection, infrastructure, regional development, strategic emerging industries, advanced manufacturing and other fields. The government can use financial funds, including investments in the central budget, to support it by subscribing to fund shares.

(39) Support equity and debt financing in construction projects in key areas. Vigorously develop financing instruments such as debt investment plans, equity investment plans, and asset support plans, extend the investment period, and guide social security funds and insurance funds for infrastructure and basic industrial projects with stable income and long payback periods. Support construction projects in key areas to raise investment funds through the bond market using corporate bonds, project yield bonds, corporate bonds, and medium-term notes. Promote securitization of accounts receivable of construction enterprises such as railways, highways, and airports. Establish a standardized local government debt financing mechanism to support local governments in issuing bonds in accordance with laws and regulations for construction in key areas.

Innovating investment and financing mechanisms in key areas plays an important role in stabilizing growth, promoting reform, restructuring and benefiting people's livelihood. All regions and relevant departments must proceed from the overall situation, further raise awareness, strengthen organizational leadership, improve working mechanisms, and coordinate and promote innovation in investment and financing mechanisms in key areas. Local governments should, in light of local realities, formulate detailed implementation rules to ensure that various measures are implemented. Relevant departments of the State Council must strictly formulate relevant supporting measures in accordance with the division of labor, speed up the construction of key areas, and at the same time strengthen publicity and interpretation so that social capital understands relevant policies such as participation methods, operating methods, profit models, and investment returns, and further stabilize market expectations. Fully mobilize the enthusiasm of social investment, and give full play to the key role of investment in economic growth. The Development and Reform Commission shall work with relevant departments to strengthen the supervision and inspection of the implementation of this guidance, and report major issues to the State Council in a timely manner.

Attachment: plan of division of labor for key policy measures documents

State Council

November 16, 2014

(This is publicly available)

annex

Major policy measures document division plan

Serial number

Policy measures document

Responsible unit

Release time

1

Vigorously promote third-party governance of environmental pollution

Development and Reform Commission, Ministry of Environmental Protection

年底 End of 2014

2

Promote pilot emissions trading and carbon emissions trading, and encourage social capital to participate in pollution reduction and emissions trading

Ministry of Finance, Ministry of Environmental Protection, Development and Reform Commission, Forestry Bureau, Securities Regulatory Commission (of which carbon emissions
Development and Reform Commission
Lead)

3 月底 End of March 2015

3

Encourage and guide social capital to participate in the implementation of water-saving and major water conservancy projects, actively explore various forms of water rights transaction and circulation, and encourage social capital to participate in the investment and construction of major water-saving projects

Ministry of Water Resources, Development and Reform Commission, Securities Regulatory Commission

3 月底 End of March 2015

4

Select a number of counties and key towns to implement pilot projects, and increase policy support for introducing market mechanisms to municipal infrastructure construction and operation

Ministry of Housing and Urban-Rural Development,
Development and Reform Commission

年底 End of 2014

5

Encourage social capital to invest in conventional hydropower stations and pumped storage power stations through means such as owner bidding

Energy Board

年底 End of 2014

6

Support private capital to invest in the construction of broadband access networks and business operations

Ministry of Industry and Information Technology

3 月底 End of March 2015

7

Administrative measures for government investment to support social investment projects

Development and Reform Commission, Ministry of Finance

3 月底 End of March 2015

8

Innovate financing methods and expand financing channels

People's Bank, CBRC,
Securities Regulatory Commission, Insurance Regulatory Commission, Finance
Ministry of Political Affairs

3 月底 End of March 2015

9

The government uses fiscal funds including investments in the central budget to support the management of industrial investment funds in key areas

Development and Reform Commission

3 月底 End of March 2015

10

Improve the price formation mechanism and enhance the ability of key areas to attract social investment

Development and Reform Commission, State Council
Relevant department

3 月底 End of March 2015

Note: If there are 2 or more responsible units, the first unit is the lead unit.


1.3 Circular of the General Office of the State Council on Forwarding the Guiding Opinions of the Development and Reform Commission of the Ministry of Finance on the Promotion of the Cooperative Model of Government and Social Capital in the Field of Public Services

State Council issued [2015] No. 42

People's governments of provinces, autonomous regions, and municipalities directly under the Central Government, ministries and commissions of the State Council, and agencies directly under the State Council:

The Ministry of Finance, the Development and Reform Commission, and the People's Bank of China's "Guiding Opinions on Promoting the Cooperative Model of Government and Social Capital in the Field of Public Services" have been approved by the State Council and are now being forwarded to you. Please implement them carefully.

Promoting the cooperation model between government and social capital in the field of public services is an important reform measure to transform government functions, stimulate market vitality, and create new economic growth points. Focusing on increasing the supply of public goods and services, the government and society are widely used in public service areas such as energy, transportation, water conservancy, environmental protection, agriculture, forestry, science and technology, affordable housing projects, medical care, health, retirement, education, and culture. The capital cooperation model is of strategic significance for overall planning for stable growth, promoting reform, restructuring, benefiting the people's livelihood, and preventing risks.

All regions and departments should follow the requirements of streamlining administration, decentralization, decentralization and management, and optimizing services, simplify administrative approval procedures, advance legislative work, further improve the system, standardize processes, strengthen supervision, and take multiple measures in fiscal, tax, price, land, Strengthen support in finance and other aspects to ensure that social capital and the public benefit together. Through capital markets and diversified financing channels such as development and policy finance, attract social capital to participate in the investment, operation and management of public goods and public service projects, and improve public goods. And public service supply capacity and efficiency.

All regions and departments should attach great importance to it, organize and implement it carefully, strengthen coordination and cooperation, form a joint effort, earnestly perform their duties, and jointly implement it.

Office of the State Council

May 19, 2015

(This is publicly available)

1.4 On promoting the cooperation model between government and social capital in the field of public services

Guidance  

State Council issued [2015] No. 42

Ministry of Finance Development and Reform Commission People's Bank

“双引擎”,让广大人民群众享受到优质高效的公共服务,在改善民生中培育经济增长新动力,现就改革创新公共服务供给机制,大力推广政府和社会资本合作(Public-Private Partnership, PPP)模式,提出以下意见: In order to create a “dual engine” for mass entrepreneurship, innovation, and increase of public products and services , so that the general public can enjoy high-quality and efficient public services, and foster new impetus for economic growth in improving people's livelihood, we are now reforming and innovating public service supply mechanisms. Vigorously promote the public-private partnership (PPP) model between the government and society, and put forward the following opinions:

I. Fully understand the significance of promoting the cooperation model between government and social capital

The cooperation model between the government and social capital is a major innovation of the public service supply mechanism, that is, the government chooses competitively to select social capital with investment, operation and management capabilities. The two parties enter into a contract in accordance with the principle of equal negotiation, and the relationship between responsibility and rights is clearly provided by the social capital. For public services, the government pays corresponding considerations to social capital based on the results of public service performance evaluations to ensure that social capital receives reasonable returns. The cooperation model between government and social capital is conducive to giving full play to the role of market mechanisms, improving the quality and efficiency of public service supply, and maximizing public interests.

(1) It is conducive to accelerating the transformation of government functions and achieving separation between government and enterprise and separation of government and affairs. Domestic and foreign companies, social organizations, and intermediaries as social capital undertake design, construction, investment, financing, operation, and maintenance responsibilities related to public services. The government, as a supervisor and collaborator, reduces direct participation in micro affairs and strengthens development Responsibilities such as strategy formulation, social management, market supervision, and performance appraisal will help solve the problems of misalignment, offside, and absence of government functions, deepen the reform of the investment and financing system, and promote the modernization of the national governance system and governance capabilities.

(2) It is helpful to break industry access restrictions and stimulate economic vitality and creativity. The cooperation model between the government and social capital can effectively break all kinds of unreasonable restrictions on social capital's access to the public service sector, encourage state-owned holding enterprises, private enterprises, and mixed-ownership enterprises to actively participate in the provision of public services and give SMEs more opportunities to participate Greatly expand the development space of social capital, especially private capital, stimulate the vitality and development potential of market players, help to revitalize social stock capital, form a diversified and sustainable public service funding channel, create new economic growth points, and strengthen the economy Growth drivers.

(3) It is conducive to improving the financial input and management methods and improving the efficiency of the use of fiscal funds. Under the cooperation model between the government and social capital, the government uses operating subsidies as the consideration for public services provided by social capital, and the performance evaluation results as the basis for the consideration payment, which is incorporated into budget management, fiscal mid-term planning, and government financial reporting. The equitable sharing of public capital investment between future generations is in line with the principle of intergenerational fairness, which effectively makes up for the lack of current fiscal investment, helps to alleviate the pressure on current fiscal expenditures, smoothes fluctuations in fiscal expenditures between years, and prevents and resolves government debt risks.

     Second, the overall requirements

(4) Guiding ideology. Implementing the spirit of the 18th National Congress of the Party and the 2nd, 3rd, and 4th Plenary Sessions of the 18th CPC Central Committee, in accordance with the decision-making and deployment of the Party Central Committee and the State Council, drawing on international mature experience, reforming and innovating public service supply mechanisms and investment methods based on domestic actual conditions Give play to the decisive role of the market in the allocation of resources, better play the role of the government, guide and encourage social capital to actively participate in the provision of public services, and provide high-quality and efficient public services to the general public.

(5) Basic principles.

Compliance according to law. Bring government and social capital cooperation into the legalization track, establish and improve the institutional system, protect the legitimate rights and interests of all parties involved, clarify the requirements of life-cycle management, and ensure the standardized implementation of projects.

Chong promises to fulfill the contract. Governments and social capital have equal legal status and equal rights and obligations. They must establish the contract concept, insist on equal negotiation, mutual benefit, honesty and trustworthiness, and strictly implement the contract.

Open and transparent. Implement sunlight operation, fully disclose important information of government and social capital cooperation projects according to law, guarantee the public's right to know, and form effective supervision and restraint on all parties involved.

The public benefits. Strengthen government supervision, organically combine government policy goals, social goals, the operational efficiency of social capital, and technological progress, promote social capital competition and innovation, and ensure that public interest is maximized.

Active and secure. Encourage local people's governments at all levels and industry authorities to adapt to local conditions, explore practices that are consistent with local realities and industry characteristics, summarize and refine experience, and form a development model that suits China's national conditions. Adhere to the principle of necessary, reasonable and sustainable financial investment, promote the orderly implementation of the project, control the government's payment responsibility for the project, and prevent the government's excessive payment responsibility from aggravating the contradiction between fiscal revenue and expenditure, which will bring pressure on expenditure.

(6) Development goals. Based on strengthening and improving public services, forming an institutional system that effectively promotes the healthy development of government and social capital cooperation models and norms, and fostering a unified, standardized, open, transparent, competitive and orderly government and social capital cooperation market. Efforts should be made to resolve the risk of local government debt, and actively introduce social capital to participate in the transformation of existing projects of local financing platform companies, and strive to reduce local government debt through the cooperation model between government and social capital. In new public service projects, the proportion of government and social capital cooperation models is gradually increased.

3. Establish an institutional system to ensure the sustainable and healthy development of the cooperation model between the government and social capital

(7) Define the management framework for project implementation. Establish and improve the system and regulation system, implement full life cycle management, and ensure the quality of project implementation. Further improve the operational guidelines, standardize the operational procedures of project identification, preparation, procurement, execution, and transfer, clarify operational requirements, and guide social capital to participate in implementation. Develop contract guidelines to promote standardization of common issues. Formulate standardized contract texts by industry and field to improve the efficiency of contract preparation and negotiation. In accordance with the requirements of the Budget Law, the Contract Law, the Government Procurement Law and its implementing regulations, the Guiding Opinions of the General Office of the State Council on the Government's Purchase of Services from Social Forces (Guobanfa [2013] No. 96), etc., establish and improve management rules and regulate choices Partners' procedures and methods to safeguard the legitimate interests of national interests, social public interests and social capital.

(8) Improve the financial management system. Carry out a demonstration of fiscal affordability, make overall assessment and control of financial expenditure responsibilities of projects, and promote sustainable financial development in the medium and long term. Establish and improve the public service cost financial management and accounting system, innovate the combination development mode of resources, and target the different payment mechanisms such as government fees, user fees, and feasibility gap subsidies, including the project's operating subsidies, operating fees and other payment considerations Accounting is performed in accordance with the national unified accounting system, incorporated into the annual budget and medium-term financial planning, reflected and managed in government financial reports, and reported to the people's congress at the same level or its standing committee. In the process of transforming existing public service projects into government and social capital cooperation projects, asset evaluations should be conducted in accordance with the law to reasonably determine the value and prevent the loss of public assets and sale. During the implementation of the project, the government's public revenues such as state capital gains and agreed excess revenue sharing should be turned over to the treasury.

(9) Establish a multi-level supervision and management system. The competent industry authority initiates government and social capital cooperation projects according to economic and social development plans and special plans. Social capital can also be initiated according to local economic and social development needs. Industry authorities should formulate industry technical standards, public product or service technical specifications in different fields, and strengthen supervision of the quality and price of public services. Establish a comprehensive evaluation system with the participation of the government and the public, establish a life-cycle performance management mechanism for setting performance goals in advance, tracking performance during events, and performing performance evaluation after events, link government payments, user payments and performance evaluation, and The performance evaluation results are used as an important basis for price adjustment to ensure the maximization of public interest. Fully disclose relevant information on project implementation in accordance with law, effectively protect the public's right to know, and accept social supervision.

(10) Improve the price adjustment mechanism for public services. Actively promote price reform in the field of public services, and speed up the rationalization of public service prices in accordance with the principles of compensation costs, reasonable returns, resource conservation, high quality and fair prices, and fair burdens. According to the project operation and performance evaluation results, improve the public service price adjustment mechanism, improve the government price decision hearing system, and extensively listen to the opinions of social capital, the public and relevant departments to ensure the scientificity of pricing adjustment. Disclose information such as cost changes and public service quality in the course of project operation in a timely manner, and increase transparency in pricing adjustment.

(11) Improve the system of laws and regulations. Promote relevant legislation, fill the legislative gap in the field of government and social capital cooperation, focus on solving the problem of connection and coordination between the operation of government and social capital cooperation projects and existing laws, clarify the legal basis and nature of government funding, and regulate the responsibilities of government and social capital Rights relations, clarify the supervision and management responsibilities of relevant government departments, and provide a good legal environment and stable policy expectations for the healthy development of government and social capital cooperation models. Encourage places where conditions permit, based on local conditions and in accordance with the relevant provisions of the Legislative Law, issue local regulations or rules to further regulate the use of government and social capital cooperation models in a targeted manner.

4. Promote the implementation of government and social capital cooperation projects

(12) Widely adopt the cooperation model of government and social capital to provide public services. In the fields of public services such as energy, transportation, water conservancy, environmental protection, agriculture, forestry, science and technology, affordable housing projects, medical care, health, retirement, education, and culture, the government and social capital cooperation model is encouraged to attract social capital participation. Among them, in the energy, transportation, water conservancy, environmental protection, municipal engineering and other specific areas need to implement franchise, in accordance with the "Infrastructure and Public Utilities Franchise Management Measures."

(13) Eliminate the risk of local government debt. Actively use transfer-operation-transfer (TOT), reconstruction-operation-transfer (ROT) and other methods to transform the existing public service projects of financing platform companies into government and social capital cooperation projects, and introduce social capital to participate in the transformation and operation. On the premise of creditors' agreement, convert government debt to non-government debt, reduce the debt pressure of local governments, and free up funds for the construction of key livelihood projects. Vigorously promote the decoupling of financing platform companies from the government, carry out market-oriented reforms, and improve the corporate governance structure. For those who have established a modern enterprise system and implemented market-oriented operations, the local government debt they have undertaken has been included in the government budget, properly disposed of, and Under the premise that the local government will no longer assume the function of borrowing and financing of local governments in the future, it can participate in local government and social capital cooperation projects as social capital, and clarify the relationship of responsibility and rights by signing contracts with the government. Financing platform companies are strictly prohibited from participating in government and social capital cooperation projects through underwriting guarantees and other forms of financing.

(14) Improve the science of decision-making for new projects. According to the needs of local economic and social development, the local government, based on the balance of financial revenues and expenditures, will coordinate and demonstrate the economic and social benefits of new projects, and conduct a demonstration of fiscal affordability to ensure the quality of decision-making. According to the project implementation cycle, charging pricing mechanism, investment income level, risk allocation basic framework and required government input, etc., a reasonable selection of construction-operation-transfer (BOT), construction-owner-operation (BOO) and other operations.

(15) Choosing the best partner for the project. For projects that use financial funds as social capital to provide public service considerations, local governments should select project partners in accordance with laws and regulations such as the Budget Law, Contract Law, Government Procurement Law and their implementing regulations. Relying on the government procurement information platform, timely and fully announce project procurement information to the society. Comprehensively evaluate factors such as the professional qualifications, technical capabilities, management experience, financial strength and credit status of project partners, and select the honest and trustworthy partners according to law. Strengthen the supervision and management of government procurement of projects to ensure that the procurement process is fair, just and open.

(16) Reasonably determine the rights and obligations of both parties to the cooperation. Establish the concept of equal negotiation, rationally allocate project risks in accordance with the principle of equal rights and responsibilities, scientifically design contract terms in accordance with the principle of incentive compatibility, and clarify the project's output description and performance requirements, revenue return mechanism, exit arrangements, emergency and temporary takeover plans, etc. The key link is to realize the equalization of responsibilities and rights. Introduce a dynamic adjustment mechanism for prices and subsidies, taking full account of social capital to obtain reasonable returns. If the contract is unilaterally breached, the breaching party shall compensate the other party accordingly. Establish a coordinated mechanism for investment, subsidies and prices to create conditions for social capital to obtain reasonable returns.

(17) Strengthening the sense of responsibility and ability to perform. Social capital should combine its own economic interests with government policy goals and social goals, continuously strengthen management and innovation, and improve operational efficiency. While realizing economic value, fulfill corporate social responsibility and provide services in strict accordance with agreed quality and quantity. Protecting public interests; actively transforming and upgrading business, shifting from engineering contractors and construction to operators to achieve diversified development across different fields; continuously improve operational strength and management experience, and enhance the ability to provide public services. Intermediary agencies such as consulting, law, and accounting should provide high-quality and low-cost services to promote project efficiency and upgrading.

(18) Ensure the continued effectiveness of public services. According to the contract, the project construction and public service quality are checked and accepted. If the project is overdue or does not meet the standards, the social capital shall be completed or rectified within a time limit, and remedial measures or compensation for losses shall be taken. Improve the contract dispute resolution mechanism and actively coordinate the settlement of disputes in accordance with the law. If it is really necessary to change the content of the contract, extend the term of the contract, and change the social capital party, the government and the social capital party shall resolve it through consultation, but the continuity and stability of public services shall be maintained. When project assets are transferred, performance testing, asset evaluation, and registration of the transferred assets shall be performed, and accounting shall be performed in accordance with the national unified accounting system, which shall be reflected and managed in the government financial report.

V. Policy Guarantee

(19) Simplify the project review process. Further reduce the examination and approval process, establish a joint evaluation and review mechanism for project implementation plans, and improve review efficiency. After the project contract is signed, the necessary approval procedures can be processed in parallel. The relevant departments should simplify the procedures, optimize the procedures, and actively strengthen the services. Substantive examination of the content that has been specified in the implementation plan will no longer be performed.

(20) Various ways to ensure project land use. Implement diversified land supply to ensure land for project construction. For projects that meet the list of allocated land, land may be supplied in the form of allocation, and the land use shall not be changed. The completed project can be mortgaged according to the law, and the nature of the land use right remains unchanged. After the contract operation period expires, it will be transferred to the government together with the public facilities. If the nature of the project is changed after the realization of the mortgage right, the land use right should be obtained in a paid manner. Go through formalities for paid use of land. For projects that do not meet the list of allocated land and obtain land use rights by lease, the rental income shall be included in the government fund budget management with reference to the land transfer income. Where land use rights are obtained by way of capital contribution or stock ownership, the municipal or county people's government shall be used as the investor to formulate a capital contribution or stock equity plan, which shall be implemented after approval by the city or county people's government.

(21) Improve fiscal and taxation support policies. Actively explore effective ways for fiscal funds to leverage social funds and financial capital to participate in government and social capital cooperation projects. The central government financed the establishment of a cooperative financing support fund for the Chinese government and social capital to participate in projects as a social capital party to increase the availability of project financing. Explore ways to guide and encourage the transformation of existing projects on local financing platforms into government and social capital cooperation projects through the use of awards instead of subsidies. Implement and improve the state's preferential tax policies for supporting public services. If public service projects adopt the model of government and social capital cooperation, they can enjoy relevant preferential tax policies in accordance with regulations. Local governments are encouraged to jointly establish funds with financial institutions with investment management experience under the premise of bearing limited losses, and attract more social capital participation by introducing structured design.

(22) Do a good job in financial services. Financial institutions should innovate financial services in line with the characteristics of the government and social capital cooperation model, optimize credit assessment methods, and actively provide financing support for government and social capital cooperation projects. Encourage development financial institutions to take advantage of medium and long-term loans, participate in the transformation of government and social capital cooperation projects, and guide commercial financial institutions to expand project financing channels. Eligible project operating entities are encouraged to raise capital in the capital market through market-oriented methods such as issuing corporate bonds, corporate bonds, medium-term notes, and targeted notes. Project companies are encouraged to issue project income bonds, project income notes, and asset-backed notes. Encourage social security funds and insurance funds to participate in projects in a variety of ways, including the use of debt investment plans, equity investment plans, and project asset support plans, in accordance with market-oriented principles. “走出去”项目,鼓励政策性金融机构给予中长期信贷支持。 For qualified “going global” projects, policy-oriented financial institutions are encouraged to provide long-term credit support. Relying on various equity and equity trading markets, it provides diversified, standardized and market-oriented exit channels for social capital. Financial supervision departments should strengthen supervision and management, guide financial institutions to correctly identify, measure and control risks, and support government and social capital cooperative project financing in accordance with the principles of controllable risks and sustainable business.

Organization and implementation

(23) Strengthen organizational leadership. Relevant departments of the State Council should be responsible for specific work in related fields according to the division of functions, and strengthen the guidance and supervision of local governments and social capital cooperation models. The Ministry of Finance must work with relevant departments to strengthen policy communication and coordination and information exchange, and to improve institutions and mechanisms. Education, science and technology, civil affairs, human resources and social security, land and resources, environmental protection, housing, urban and rural construction, transportation, water conservancy, agriculture, commerce, culture, health and family planning, and other industry authorities must actively combine government and society with the characteristics of the industry The capital cooperation model provides public services and explores and improves relevant regulatory systems. Local people's governments at all levels should formulate specific policies and measures in accordance with the existing plans and local conditions, and implement them well; they can establish work coordination mechanisms to promote the implementation of government-social capital cooperation projects based on the actual conditions in the region.

(24) Strengthen talent training. Vigorously train professional talents, and accelerate the formation of a mechanism for joint training of talents by government departments, universities, enterprises, and professional consulting agencies. Encourage all types of market players to increase personnel training, carry out training of business personnel, and build a high-quality professional talent team. Encourage local governments with conditions to co-ordinate the needs of internal institutional reform, further integrate specialized forces, assume the responsibility of promoting the cooperation model between the government and social capital, and improve professional standards and capabilities.

(25) Build an information platform. Local people's governments at all levels must effectively perform their responsibilities such as planning guidance, identification and assessment, consulting services, publicity and training, performance evaluation, information statistics, construction of expert databases and project databases, establishing a unified information release platform, and timely publicizing project implementation and other related Information to ensure that the implementation of the project is open, transparent and orderly.

Promoting the cooperation model between government and social capital in the field of public services is a matter of vital importance to the people and is an important task to protect and improve people's livelihood. All regions and departments must fully understand the importance of promoting the cooperation model between the government and social capital, unify ideas and actions into the decision-making and deployment of the Party Central Committee and the State Council, carefully organize implementation, strengthen coordination and cooperation, form a joint effort, and effectively perform their duties. Work together for implementation. The Ministry of Finance shall strengthen overall coordination and co-ordination with relevant departments to supervise, inspect and follow-up the implementation of this opinion, and report major issues to the State Council in a timely manner.

1.5 Several Opinions of the General Office of the State Council on Further Promoting Tourism Investment and Consumption

State Council issued [2015] No. 62

People's governments of provinces, autonomous regions, and municipalities directly under the Central Government, ministries and commissions of the State Council, and agencies directly under the State Council:
Tourism is a comprehensive industry for China's economic and social development, and an important part of the national economy and modern service industry. Promoting tourism investment and consumption through reform and innovation is of great significance for promoting the development of modern service industries, increasing employment and residents' income, and improving people's quality of life. In order to further promote tourism investment and consumption, with the consent of the State Council, the following opinions are proposed:
I. Implement the tourism infrastructure improvement plan and improve the tourism consumption environment
(1) Focus on improving the soft environment for tourism consumption. Establish and improve the quality standards of tourism products and services, standardize the behavior of tourism operations and services, and improve the level of management services such as hotels, scenic spots, and travel agencies. “一日游”等旅游市场顽疾,进一步落实游客不文明行为记录制度。 Vigorously crack down on the tourism market order, severely crack down on tourism market ills such as false advertising, price fraud, bullying and slandering, ultra-low-price vicious competition, and illegal "day trips", and further implement the system of recording tourist uncivilized behavior. Improve tourism complaint handling and service quality supervision mechanisms, and improve the withdrawal mechanism of tourism market players. Deepen the reform of ticket prices in scenic spots, adjust and improve the price mechanism, and standardize price behavior. Vigorously promote the culture of civilized tourism, actively carry out public welfare services for tourism volunteers, and improve the quality of civilized tourism for tourists.
(2) Improve the urban tourism consulting center and distribution center. Localities should build tourist advisory centers in scenic spots above 3A, key rural tourist areas, airports, stations, and docks, etc. according to actual needs. Encourage the construction of tourist distribution centers with reasonable layout and complete functions relying on urban comprehensive passenger hubs and road passenger stations. By 2020, we will provide full coverage of tourism consulting services in key tourist attractions, tourist cities, and tourist routes.
(3) Strengthen the construction of roads and parking lots connecting scenic spots. Increase investment and accelerate the construction of roads connecting cities and national and provincial highways to Grade A scenic spots. Strengthen the construction of transportation facilities and transportation organizations between cities and scenic spots, and accelerate the seamless connection of highway traffic from airports, stations, and docks to major scenic spots. Strengthen the construction of parking spaces in scenic spots and rural tourist spots.
(4) Strengthening the construction of tourist regional airports in the central and western regions. Focusing on national key tourist routes and concentrated and contiguous areas in extreme poverty, we will support places with conditions to build or expand a number of regional airports according to actual needs, and increase the number of routes to major passenger cities. Give full play to market forces and encourage enterprises to develop low-cost aviation and domestic tourism charter flights.
(5) Vigorously promote the construction of tourist toilets. Encourage commercial toilets, commercial toilets, and commercial toilets to build and rebuild 57,000 tourist toilets nationwide in three years, improve water supply and drainage facilities, and implement harmless treatment of feces. By 2017, the number of tourist toilets in tourist attractions, along tourist traffic lines, and tourist distribution centers in the country will meet the requirements of sufficient quantities, clean and tasteless, practical and free, and effective management.
2. Implement the tourism investment promotion plan and open up a new tourism consumer market
(6) Speed up the construction of self-driving RV camps. Formulate national self-driving RV camp construction plans and self-driving RV camp construction standards, clarify camp registration and safety rescue policies, and support ethnic minority areas and key tourist areas along the Silk Road and the Yangtze River Economic Belt to build self-driving RV camps. By 2020, encourage and guide social capital to build about 1,000 self-driving RV camps.
(7) Promote the development of cruise tourism industry. Support the establishment of a domestic large-scale cruise ship research and development, design, construction and independent supporting system, and encourage qualified domestic shipbuilding companies to develop and manufacture large and medium-sized cruise ships. In accordance with the "National Coastal Cruise Port Layout Planning Plan", further optimize the cruise port layout, form a cruise ship port system with a reasonable layout composed of the cruise home port, the departure port, and the visiting port, and advance the construction of the cruise terminal in an orderly manner. Support qualified enterprises to set up bonded warehouses according to procedures. By 2020, 10 cruise departure ports will be built nationwide.
(8) Cultivate and develop the mass consumer market for yacht tourism. Formulate guidelines for the development of yacht tourism and gradually open shorelines and waters in a planned way. Promote the construction of infrastructure such as yacht berths, clean up and simplify yacht approval procedures, reduce entry barriers and the overall cost of yacht registration, sailing tourism, berthing, and maintenance, and attract social capital to enter; encourage the development of small and medium-sized yachts suitable for the mass consumption level; Areas with sea and water resources shall formulate plans for the construction of yacht docks according to actual conditions. By 2017, a number of yacht docks and berths will be built across the country, which will initially form an interconnected network of yacht leisure tourism routes and cultivate a mass consumer market for yachts.
(9) Vigorously develop characteristic tourism towns. Promote the organic combination of new-type urbanization and the development of modern tourism industry. By 2020, a number of national characteristic tourist towns and characteristic landscape tourist towns integrating tourism, leisure, vacation, health, shopping and other functions will be built.
(10) Vigorously develop leisure and tourism products. Encourage social capital to vigorously develop leisure and tourism products such as hot springs, skiing, seashore, islands, mountains, and health. Relying on existing tourism facilities and tourism resources, we will build a number of high-level tourism and vacation products and national resorts that meet the needs of multi-level and diverse leisure and vacation. Accelerate the construction of leisure and holiday belts around the city, encourage cities to develop leisure blocks, urban greenways, cycling parks, and slow-moving systems to expand urban leisure space. Support key scenic spots and tourist cities to actively develop tourism performing arts programs and promote the standardized development of theme parks. Relying on the railway network, develop and construct tourism products along the railway.
(11) Vigorously develop the tourism equipment manufacturing industry. Integrate tourism equipment into the development plans of relevant industries, and formulate and improve a safety technology standard system. Encourage the development of tourism equipment manufacturing such as cruise yachts, large cruise ships, tourist touring cars, small tourist planes, scenic ropeways, and large amusement facilities. Vigorously cultivate all kinds of outdoor products with independent brands such as leisure, mountain climbing, skiing, diving, camping and adventure. Support domestic enterprises with conditions to merge and acquire foreign advanced tourism equipment manufacturing enterprises or carry out joint ventures and cooperation. Encourage enterprises to carry out independent innovation research and development of tourism equipment and enjoy the state's policy of encouraging scientific and technological innovation in accordance with regulations.
“互联网+ 旅游 ”。 (12) Actively develop "Internet + tourism ". ”跨产业融合。 Actively promote the development and expansion of online tourism platform enterprises, integrate upstream, downstream, and parallel enterprises' resources, elements and technologies, form a new ecosystem for the tourism industry, and promote cross-industry integration of "Internet + tourism ". Support conditional tourism companies to explore Internet finance, create a third-party payment platform for online tourism companies, broaden the popularity of mobile payment in the tourism industry, and facilitate the tax refund for overseas consumption. Strengthen cooperation with Internet companies and financial companies, issue real-name national travel cards, implement statutory preferential policies, and implement preferential merchant discounts. Relax the access and operating permit systems for new formats such as online vacation rental, travel online shopping, and online travel car rental platforms. By 2020, the nationwide 4A and above scenic spots and pilot units of smart rural tourism will achieve full coverage of free Wi-Fi (wireless local area network), smart guides, electronic explanations, online booking, information push, etc. Smart tourism village.
3. Implement the tourism consumption promotion plan and cultivate new consumption hot spots
(13) Enriching and upgrading special tourism commodities. Solidly promote the mass entrepreneurship and innovation of tourism commodities, encourage market entities to develop distinctive tourism souvenirs, enrich the types of tourism commodities, and increase their attractiveness to tourists. Cultivate a number of leading enterprises in the research, development, production and sales of tourism products, and increase the promotion of time-honored products and ethnic tourism products. Accelerate the implementation of China's tourism product brand promotion project and launch a series of tourism products with Chinese characteristics. Encourage high-quality and characteristic tourism commodities to enter major tourist ports, airports, docks and other tourist shopping areas and large-scale supermarkets in cities to support online tourism commodity sales. Moderate increase of port entry duty-free shops.
(14) Actively develop elderly tourism. Accelerate the formulation and implementation of the national senior tourism development outline, regulate senior tourism services, and encourage the development of multi-level and diversified senior tourism products. All localities should increase support for rural pension tourism projects, vigorously promote the development of rural pension tourism, and encourage private capital to use the land collectively owned by farmers to organize non-profit rural pension institutions in accordance with the law. Do a good job of settlement of medical expenses for basic medical insurance out-of-town medical treatment. Encourage the further development and improvement of commercial insurance products suitable for the needs of elderly tourism.
(15) Support the development of research travel. Bring study trips into the category of comprehensive quality education for students. Support the construction of a number of research and travel bases, encourage localities to rely on natural and cultural heritage resources, red tourist attractions and scenic spots, large public facilities, well-known colleges, scientific research institutions, industrial and mining enterprises, large farms to carry out research and travel activities. Establish and improve the security mechanism for research travel. Travel agencies and study travel venues should incorporate the characteristics of young students in content design, tour guide equipment, safety facilities and protection, etc., and teach in the tour. Strengthen international research travel exchanges, standardize and guide elementary and middle school students to conduct research travel activities abroad.
(16) Actively develop Chinese medicine health tourism. Launched a number of TCM health tourism demonstration products focusing on the spread of TCM culture, focusing on medical rehabilitation physiotherapy, health care and cultural experience. Establish a demonstration park for the Chinese medicine health tourism industry where conditions permit, promote the in-depth integration of the traditional Chinese medicine industry with the tourism market, and try first in industry innovation, mechanism reform, and cluster development. Standardize the TCM health tourism market, and strengthen industry standard formulation and quality supervision and management. Expand overseas publicity of TCM health tourism, promote international exchanges and cooperation in TCM health tourism, and make traditional Chinese medicine culture travel to the world through tourism.
Fourth, implement the rural tourism promotion plan and expand the tourism consumption space
(17) Adhere to the development direction of individualized and characteristic rural tourism. Based on the characteristics of local resources and ecological environment, highlight the ecological characteristics of rural life and production, deeply explore the cultural connotation of rural areas, develop and construct rural tourism products with diverse forms, distinctive characteristics and outstanding personalities, and organize festivals with local characteristics. Pay attention to the protection of ethnic villages, ancient villages and ancient towns, and build a number of characteristic landscape tourism villages and towns with historical, regional, and ethnic characteristics, so that tourists can see the mountains and rivers, remember homesickness, and nostalgia.
(18) Improve supporting facilities for leisure agriculture and rural tourism. Focus on strengthening the construction of roads, electricity, drinking water, toilets, parking lots, waste water treatment facilities, information networks and other infrastructure and public service facilities in leisure agriculture and rural tourism characteristic villages, and strengthen the construction of related tourism and leisure supporting facilities. By 2020, more than 6,000 model villages of rural tourism will be built in the country, more than 100,000 villages featuring leisure agriculture and rural tourism, and 3 million farmhouses will be formed. Rural tourism will receive more than 2 billion tourists annually and benefit 50 million farmers.
(19) Carry out millions of rural tourism makers. Through strengthening policy guidance and professional training, we will guide and support millions of returning rural migrant workers, university graduates, and professional and technical personnel to realize independent entrepreneurship through rural tourism within three years. Encourage professionals in the cultural, artistic, and scientific and technological fields to use their professional advantages and industry influence to create and start businesses in rural areas where conditions permit. By 2017, a number of rural tourism maker demonstration bases will be established nationwide, and a number of high-level cultural and artistic tourism entrepreneurship and employment villages will be formed.
(20) Vigorously promote poverty reduction in rural tourism. Intensify planning guidance, professional training, publicity and promotion of key villages for rural tourism poverty alleviation, organize and carry out public tourism activities for poverty alleviation in rural tourism planning, implement village-wide support for poverty-stricken villages with file registration, and grasp 560 file-saving cards in 2015 Pilot work in poverty alleviation in rural tourism. By 2020, the country will drive 2 million rural poor people out of poverty and become rich through rural tourism every year; support 6,000 tourism poverty alleviation key villages to carry out rural tourism, and achieve an annual operating income of 1 million yuan for rural tourism in each key village.
V. Optimize vacation arrangements and stimulate demand for tourism consumption
(21) Implement the paid leave system for employees. People's governments at all levels should include the implementation of the paid leave system for employees on the agenda, formulate implementation rules or implementation plans for the paid leave system, and implement it well.
(22) Encourage peak vacations. Under the premise of stabilizing the existing national holidays that are unified across the country, units and enterprises can combine paid vacations with local traditional festivals and local special events to arrange peak vacations according to their actual conditions.
(23) Encourage flexible work and rest. Places and units that have the conditions can optimize and adjust the summer work and rest arrangements according to the actual situation in accordance with the law, creating favorable conditions for employees to go out for leisure and vacation on Friday afternoons and weekends.
6. Intensify reform and innovation to promote sustained growth in tourism investment and consumption
(24) Increase government support. Eligible regions should expedite the implementation of tax rebate policies for overseas tourists when shopping. Establish a China Tourism Industry Promotion Fund and encourage local governments with conditions to set up tourism industry promotion funds. Support enterprises to invest, construct, and operate tourism projects through the government and social capital cooperation (PPP ) model. “一带一路”及长江经济带等重点旅游线路、集中连片特困地区生态旅游开发和乡村旅游扶贫村等旅游基础设施和公共服务设施的支持力度。 People's governments at all levels should increase their support for tourism infrastructure and public service facilities such as key national tourist attractions, the “Belt and Road” and the Yangtze River Economic Belt and other key tourist routes, the development of eco-tourism in concentrated and contiguous areas, and rural tourism to help the poor . Let colorful tourism enrich people's lives and help economic development.
(25) Implement the policy of using islands for marine tourism for land differentiation. For key tourism projects with large investment and good development prospects, priority must be given to the implementation and implementation of the land and reclamation plan indicators. New construction land indicators will be given priority to the central and western regions, and support for the development of tourism projects in the central and western regions using barren hills, barren slopes, barren beaches, garbage dumps, abandoned mines, and rocky desertification land. Priority protection shall be given to the development of hydrophilic spaces such as offshore tourism, entertainment, and baths.
(26) Expand financing channels for tourism enterprises. Support eligible tourism enterprises to go public, and encourage financial institutions to increase credit support for tourism enterprises in accordance with the principles of controllable risks and sustainable business. Actively develop asset securitization products for tourism investment projects, and promote the construction of tourism project property rights and management rights trading platforms. Actively guide tourism enterprises with good expected returns and high brand recognition to explore financing through related charging rights and operating rights offset (pledge). Encourage the export of tourism equipment and increase credit support for the export of large-scale tourism equipment.

General Office of the State Council August 4, 2015 (this one was released publicly)

 


1.6 Guiding Opinions of the General Office of the State Council on Promoting the Construction of Urban Underground Comprehensive Corridors

2015〕61号 State Council issued [ 2015] No. 61

People's governments of provinces, autonomous regions, and municipalities directly under the Central Government, ministries and commissions of the State Council, and agencies directly under the State Council:
The underground comprehensive pipe gallery refers to the public tunnels used for the centralized laying of electric power, communications, radio and television, water supply, drainage, heat, gas and other municipal pipelines underground in cities. China is in a period of rapid urbanization and the construction of underground infrastructure is lagging behind. Promote the construction of urban underground comprehensive corridors, coordinate the planning, construction, and management of various municipal pipelines, and solve problems such as repeated excavation of roads, dense overhead line networks, and frequent pipeline accidents, which are conducive to ensuring urban safety, improving urban functions, and beautifying urban landscapes. Promote intensive and efficient urban transformation and development, which is conducive to improving the city's comprehensive carrying capacity and the quality of urbanization development. It is also conducive to increasing effective investment in public goods, stimulating social capital investment, and creating a new driving force for economic development. In order to effectively complete the construction of urban underground comprehensive corridors, with the consent of the State Council, the following opinions are now put forward:
I. General requirements
(1) Guiding ideology. Fully implement the spirit of the Eighteenth National Congress of the Party and the Second, Third, and Fourth Plenary Sessions of the Eighteenth Central Committee of the Communist Party of China, in accordance with the Opinions of the State Council on Strengthening Urban Infrastructure Construction (Guo Fa [2013] No. 36) and "Guiding Opinions on Strengthening the Management of Urban Underground Pipeline Construction" (Guobanfa [2014] No. 27) related to deployment, adapting to the requirements of new-type urbanization and modern city construction, and considering the construction of underground comprehensive pipe corridors to fulfill government functions and improve urban infrastructure Important content, on the basis of continuing to do a good job of the pilot project, summarize the advanced experience and effective practices at home and abroad, gradually increase the proportion of urban roads equipped with underground comprehensive corridors, and comprehensively promote the construction of underground comprehensive corridors.
(2) Work goals. “马路拉链”问题明显改善,管线安全水平和防灾抗灾能力明显提升,逐步消除主要街道蜘蛛网式架空线,城市地面景观明显好转。 By 2020 , a number of internationally advanced underground comprehensive pipe corridors will be built and put into operation. The problem of repeated road digging on the road will obviously improve, and the pipeline safety level and disaster prevention and resilience will be significantly improved, and the main street spider webs will be gradually eliminated. Overhead lines, the urban ground landscape has improved significantly.
(3) Basic principles.
——Insist on the basis of reality, strengthen the top-level design, advance actively and orderly, and effectively improve the level of construction and management.
-Adhere to planning first, clarify quality standards, improve technical specifications, and meet basic public service functions.
-Adhere to the government's leadership, increase policy support, give play to the role of the market, and attract widespread participation of social capital.
Overall planning
(4) Preparation of special plans. “先规划、后建设”的原则,在地下管线普查的基础上,统筹各类管线实际发展需要,组织编制地下综合管廊建设规划,规划期限原则上应与城市总体规划相一致。 The people's governments of all cities should follow the principle of “planning first, then building”, and based on the general survey of underground pipelines, coordinate the actual development needs of various types of pipelines, organize the compilation of the underground comprehensive pipeline corridor construction plan, and the planning deadline should in principle be in line with the overall urban planning. Agree. Combined with the special construction planning of underground space development and utilization, various types of underground pipelines, road traffic, etc., rationally determine the construction layout, types of pipelines, section forms, plane positions, and vertical control of underground comprehensive pipeline corridors, clarify the scale and timing of construction, and comprehensively consider the city Develop a vision and reserve and control relevant underground space. Establish a construction project reserve system, define a five-year project rolling plan and an annual construction plan, and actively, steadily and orderly promote the construction of an underground comprehensive corridor.
(5) Improve standards and norms. According to the needs of the city's development, we must quickly formulate and improve national standards for the construction of underground comprehensive pipe corridors and earthquake resistance. The structural design of the underground comprehensive pipeline corridor project should consider the requirements of various types of pipeline access and branch lines to meet the needs of earthquake resistance, civil defense and comprehensive disaster prevention. The cross section of the underground comprehensive pipeline corridor should meet the needs of all pipeline access corridors in the area, and meet the space requirements for pipeline installation, capacity expansion, operation, maintenance and repair. Corridors and roads for pedestrians and pedestrians should be constructed, and entrances and exits should be reasonably set to facilitate maintenance and replacement. pipeline. The underground comprehensive pipe corridor shall be equipped with auxiliary facilities such as fire protection, power supply, lighting, ventilation, water supply and drainage, video, signage, safety and alarm, and intelligent management to improve the level of intelligent monitoring and management and ensure the safe operation of the pipe corridor. To meet the needs of independent operation and maintenance and safety management of various pipelines, to avoid mutual interference.
Orderly construction
(6) Delimit the construction area. Starting from 2015, new underground roads in new urban areas, various parks, and development areas must be constructed simultaneously in accordance with their functional needs; old urban areas must combine old city renewal, road reconstruction, river management, and underground space development. Adjusting to local conditions and coordinating the construction of underground comprehensive pipeline corridors. In areas with heavy traffic, dense underground pipelines, urban roads, rail transit, underground complexes, etc., urban high-intensity development zones, important public spaces, major road intersections, intersections of roads and railways or rivers, and difficult road widths In the sections where multiple pipelines are laid separately, priority should be given to the construction of underground comprehensive pipe corridors. Accelerate the access to the ground for existing overhead urban power grids and communication networks.
(7) Clear implementation subject. Encourage enterprises to invest in the construction and operation and management of underground comprehensive corridors. Innovate investment and financing models, promote the use of government and social capital cooperation (PPP) models, and encourage social capital to organize project companies to participate in the construction and operation management of urban underground comprehensive corridors through franchising, investment subsidies, and loan discounts, and optimize contract management. Ensure a reasonable and stable return for the project. Priority is given to encouraging pipeline units to form joint-stock companies or to cooperate with social capital to form joint-stock companies, or to form an owner committee for underground comprehensive pipeline corridors under the guidance of the city's people's government, and to openly invite tenders to select construction and operation management units. Actively cultivate large-scale professional underground comprehensive pipeline corridor construction and operation management enterprises, support enterprises to conduct business across regions, and provide systematic and standardized services.
(8) Ensure quality and safety. Strictly implement statutory project construction procedures, standardize bidding and bidding activities, implement the responsibility of all parties involved in the construction of quality and safety, and effectively strengthen the supervision of quality and safety throughout the entire process of planning, construction, and operation. Construction units must submit project files in a timely manner in accordance with regulations. Establish a permanent life-long responsibility system for the quality of underground comprehensive pipeline corridor projects and accept social supervision. According to the type of underground comprehensive pipe gallery structure, stress conditions, use requirements and environment, etc., considering durability, reliability and economy, scientifically select engineering materials, and the main materials should be high-performance concrete and high-strength steel bars. Promote the standardization of the main structural components of the underground comprehensive pipe gallery, actively promote the application of prefabricated assembly technology, improve the quality and safety of the project, and effectively promote the development of related industries such as the production of industrial components and construction equipment.
4. Strict management
(9) Clear requirements for entrance. In principle, various pipelines within the urban planning area should be laid in underground space. In the area where underground comprehensive pipeline corridors have been constructed, all pipelines in this area must enter the corridors. For new pipelines located outside the underground comprehensive pipeline corridor, the planning department will not approve the permit, the construction department will not approve the construction permit, and the municipal road department will not approve the road excavation permit. Existing pipelines shall be gradually and orderly migrated to the underground comprehensive pipeline corridor according to the actual situation. The competent departments of various industries and relevant enterprises should actively cooperate with the urban people's government to do their own pipeline entry.
(10) Implementation of paid use. The corridor pipeline unit shall pay the corridor fee and daily maintenance fee to the underground comprehensive pipeline corridor construction and operation unit. The specific charging standards shall consider the relationship between construction and operation, cost and revenue. The underground comprehensive pipeline corridor construction and operation unit and the corridor pipeline shall be included. Units are jointly negotiated and determined based on the principle of marketization. The entrance fee is mainly determined based on the construction cost of the underground integrated pipe gallery and its ancillary facilities, as well as the cost of individual laying and upgrading of each entrance pipeline. The daily maintenance fee is mainly reasonably determined based on the maintenance cost of the underground integrated pipe gallery and the auxiliary facilities, and the maintenance costs, as well as the proportion of the underground integrated pipe gallery space occupied by the pipeline and the use of auxiliary facilities. For the cable television network entrances of non-profit cultural enterprises, relevant fees can be appropriately discounted. The Development and Reform Commission and the Ministry of Housing and Urban-Rural Development of the People's Republic of China shall formulate guidance opinions, guide and standardize the supply and demand sides to determine the charging standards for underground comprehensive pipe corridors, and form a reasonable charging mechanism. In the early stage of the operation of the underground comprehensive pipeline corridor, it is not possible to make up for the costs through charges, the local people's government will provide necessary financial subsidies as appropriate.
(11) Improve management level. The urban people's government should formulate specific management methods for underground comprehensive corridors, and strengthen work guidance and supervision. Underground comprehensive pipeline corridor operating units shall improve the management system and sign agreements with pipeline corridor units to clarify the types, time, costs, responsibilities and rights of pipeline corridors to ensure the normal operation of underground pipeline corridors. The management of the underground integrated pipeline corridor and its auxiliary facilities are the responsibility of the underground comprehensive pipeline corridor construction and operation unit, and the maintenance and daily management of the pipeline access pipelines are responsible for the pipeline units. Pipeline construction and operation units and corridor pipeline units should have a clear division of labor, perform their duties, cooperate with each other, and do a good job of emergency handling and emergency management.
V. Supporting policies
(12) Increase government investment. “四两拨千斤”的作用,积极引导地下综合管廊建设,通过现有渠道统筹安排资金予以支持。 The central government should give play to the role of "four or two pounds", actively guide the construction of underground comprehensive pipeline corridors, and arrange funds to support it through existing channels. Local people's governments at all levels should further increase funding for the construction of underground comprehensive corridors. Provincial people's governments should strengthen the coordination of funds for the construction of underground comprehensive pipeline corridors, and urban people's governments should prioritize underground comprehensive pipeline corridor projects in their annual budgets and construction plans, and incorporate them into the scope of local government procurement. The people's government of cities with conditions may grant discounted loans to the underground comprehensive pipeline corridor project.
(13) Improve financing support. Take the construction of underground comprehensive pipeline corridors as a key national livelihood project, give full play to the role of development finance, and encourage relevant financial institutions to actively increase credit support for the construction of underground comprehensive pipeline corridors. Encourage banking financial institutions to provide medium- and long-term credit support for underground comprehensive pipeline corridor projects under the premise of controllable risks and sustainable business, and actively carry out innovative guarantee loans such as franchise rights, charging rights, and expected returns from purchase service agreements, Increase support for underground comprehensive pipe gallery projects. The construction of underground comprehensive pipeline corridors is included in the scope of special financial debt support for long-term investment. Support qualified underground comprehensive pipeline corridor construction and operation enterprises to issue corporate bonds and project income bills, which are specifically used for underground comprehensive pipeline corridor construction projects.
The urban people's government is the main body responsible for the management of the construction of underground comprehensive pipeline corridors. It is necessary to strengthen organizational leadership, clarify competent authorities, establish coordination mechanisms, and solidly advance specific work. The construction of underground comprehensive pipeline corridors should be incorporated into the government performance evaluation system and effective supervision should be established Inspection system, regular supervision and inspection of the construction of underground comprehensive pipe corridors. The Ministry of Housing and Urban-Rural Development shall, in conjunction with relevant departments, establish a coordination mechanism to promote the construction of underground comprehensive pipeline corridors, organize the establishment of an underground comprehensive pipeline corridor expert committee; grasp the pilot work of the underground comprehensive pipeline corridor, and form a batch of replicable and popularizable demonstration projects as soon as possible. Effectively promote after mature experience, and strengthen the guidance and supervision and inspection of the construction and management of underground comprehensive pipe corridors nationwide. All pipeline industry authorities, management units, etc. should perform their respective duties and cooperate closely to promote the construction of an underground comprehensive pipeline corridor in an orderly manner. Central enterprises and provincial enterprises should cooperate with the urban people's government to do the work of entering the corridors of their pipelines.

General Office of the State Council August 3, 2015 (this one was released publicly)

 


1.7 The General Office of the State Council issues and promotes the accelerated development of social medical services

Notice of certain policy measures   

State Council issued [2015] No. 45

People's governments of provinces, autonomous regions, and municipalities directly under the Central Government, ministries and commissions of the State Council, and agencies directly under the State Council:
The "Several Policies and Measures to Promote the Accelerated Development of Social Medical Education" has been agreed by the State Council, and is now issued to you. Please implement them carefully.

General Office of the State Council June 11, 2015

(This is publicly available)

Several policies and measures on accelerating the development of medical education

Since the implementation of the new round of medical and health system reform, the state has introduced a number of measures to promote the development of social medical services, and the policy effect has continued to show, but there is still a large gap with the goal of forming a multi-medical medical structure. There are still some institutional and institutional obstacles and policy constraints. Need to be broken. In order to accelerate the development of the scale and up-level development of social medical institutions, continuously meet the needs of the people's diverse and multi-level medical and health services, and inject new impetus into the economic and social transformation and development, all regions and relevant departments must thoroughly implement the " Several Opinions of the State Council on Promoting the Development of the Health Service Industry (Guo Fa [2013] No. 40) and "Notice of the General Office of the State Council on Forwarding the Opinions of the Ministry of Health of the Development and Reform Commission on Further Encouraging and Guiding Social Capital to Hold Medical Institutions" (State Office [2010] No. 58), further implement the following policy measures.
I. Further relaxation of access
(1) Clean up and standardize the approval of establishment of medical institutions. Clarify and publicly announce to the public the approval procedures, main bodies and time limits for holding medical institutions. “非禁即入”原则,全面清理、取消不合理的前置审批事项,整合社会办医疗机构设置、执业许可等审批环节,进一步明确并缩短审批时限,不得新设前置审批事项或提高审批条件,不得限制社会办医疗机构的经营性质,鼓励有条件的地方为申办医疗机构相关手续提供一站式服务。 Relevant administrative departments at all levels must comprehensively clean up and cancel unreasonable pre-approval matters in accordance with the principle of "non-prohibition and immediate entry", integrate the approval process of setting up social medical institutions and practice licenses, and further clarify and shorten the time limit for approval. The pre-approval items or the improvement of the approval conditions shall not restrict the business nature of socially-run medical institutions, and encourage qualified places to provide one-stop services for the relevant procedures of applying for medical institutions. Improve the localized management of the approval of establishment of social medical institutions, and further promote the operation of medical treatment in the society. The specific examination and approval authority for the size of beds will be determined by the provinces (autonomous regions and municipalities) in accordance with the "Regulations on the Administration of Medical Institutions". Encourage social forces to host TCM specialist hospitals, TCM clinics and TCM clinics that only provide traditional TCM services, and accelerate the development of socially run TCM institutions.
(2) Disclose the planning of regional medical resources. All localities should regularly publicly announce the number and layout of medical institutions in the area, as well as the allocation of resources such as beds and large-scale equipment, and include social medical treatment in relevant plans. Reserve space for resource allocation such as beds and large-scale equipment for social medical treatment in a certain proportion On the premise of meeting the planned total volume and structure, the restrictions on the specific number and location of social medical institutions shall be lifted. The introduction or adjustment of regional health plans and plans for setting up medical institutions must be publicly announced to the public in a timely manner, and the scale and layout of medical resources that can be added or planned to be adjusted in the region are detailed. For those involved in adding or adjusting medical resources, including new urban areas, the government must implement basic responsibilities, while supporting the establishment and operation of medical institutions by social forces. If the plan is not publicly announced, it shall not be used as a reason for refusing social forces to host medical institutions or allocate medical equipment.
(3) Reduce operational approval limits. The social premise medical institution level, bed size, etc. are not taken as necessary preconditions for determining the deployment of large-scale equipment, and indicators such as personnel qualifications and technical service capabilities of institutions are mainly evaluated. Optimize the configuration procedures for large equipment and simplify the process. Strictly control public hospitals for the large-scale deployment of large-scale medical equipment; socially-run medical institutions that deploy large-scale medical equipment should not be restricted for any reason if they meet the planning conditions and admission qualifications.
(4) Control the scale of public hospitals and standardize the reform of public hospitals. In accordance with the principles of total volume control, structural adjustment, and appropriate scale, the number and scale of public medical institutions should be reasonably controlled to expand the development space for social medical services. Summarize local practical experience, guide and regulate the reform of public hospitals, and avoid the loss of state-owned assets. All localities should combine the formulation of regional health planning and medical institution setting planning, clarify the scope and number of government-run medical services, implement government input responsibilities, and strictly limit the scale of public hospital special needs services. Within the county, social medical treatment should be combined with the reform of county-level public hospitals, giving play to the main role of public hospitals and the supplementary role of social medical treatment, complementing each other. On this basis, in areas with abundant public medical resources, we have guided and standardized the reform of some public hospitals, including state-owned enterprises' hospitals. Promote the separation and transfer or restructuring of state-owned enterprise-run hospitals, and establish a modern corporate governance structure. Actively introduce social forces to participate in the restructuring and reform of state-owned enterprise-run medical institutions.
Broadening investment and financing channels
(5) Strengthen financial support. Social non-profit medical institutions that provide basic medical and health services are included in the scope of government subsidies. In terms of the construction of key clinical specialties and personnel training, the same subsidy policy as public medical institutions is implemented. Through government purchase of services, support qualified social-run medical institutions to undertake local public health and basic medical services and related tasks assigned by the government, and gradually expand the scope of purchase. Eligible social medical institutions are included in the emergency network, the government performs mandated tasks, and receives government compensation according to the same treatment as public medical institutions. Encourage localities to explore the establishment of incentive mechanisms for the sponsors of social non-profit medical institutions.
(6) Enriching financing channels. Through the mode of franchising, public construction, and private office assistance, we support social forces to host non-profit medical institutions, improve the corporate governance structure, and establish a modern hospital management system. Encourage local governments to provide construction funds and discount subsidies for social medical institutions through the establishment of health industry investment funds. Encourage social medical institutions to raise start-up expenses and development funds through equity financing, project financing, etc. Support qualified social-for-profit medical institutions to list and raise funds or issue bonds, connect with multi-level capital markets, and use multiple financing instruments for financing.
(7) Optimizing financing policies. Encourage financial institutions to innovate financial products and services in accordance with the characteristics of medical institutions and expand their business scale. Broaden the scope of credit mortgage collateral, and explore ways to allow social medical institutions to use paid fixed land use rights for non-medical purposes and fixed assets such as real estate with clear property rights to handle mortgage loans. Encourage social medical institutions to register and issue non-financial enterprise debt financing instruments in the interbank bond market to raise funds, and encourage various types of venture capital institutions and financing guarantee institutions to conduct business in innovative formats and small and micro enterprises in the medical field.
Promoting the flow and sharing of resources
(8) Promote co-construction and sharing of large-scale equipment. Explore the establishment of regional inspection and inspection centers in various ways, such as public construction, private operation, or private office assistance, which is open to all medical institutions. The area where the large-scale equipment configuration is saturated does not allow all medical institutions, including public medical institutions, to add large-scale equipment. Encouraging localities to integrate existing large-scale equipment resources in various ways to improve the use efficiency. Encourage public medical institutions to cooperate with social-run medical institutions to ensure mutual recognition of results such as medical imaging and medical tests and the sharing of resources such as disinfection and supply centers (offices) of medical institutions on the premise of ensuring medical safety and meeting core medical functions.
(9) Promote multi-point practice of physicians. Accelerate the promotion and standardization of doctors' multi-point practice, encourage and standardize the flow of doctors between different types and levels of medical institutions, and encourage doctors to practice at the grass-roots, remote mountainous areas, areas with scarce medical resources and other medical institutions in need The personnel's academic status, professional title promotion, vocational skills appraisal, professional technology and vocational skills training are not affected by multiple practices. All localities should, as soon as possible, study and formulate pilot schemes for personnel management, income distribution, and social insurance involved in the multi-point practice of doctors, and gradually expand after gaining experience. Encourage pilot exploration of regional registration and multi-point practice filing management.
(10) Strengthen business cooperation. Encourage localities to explore effective forms and specific ways of strengthening business cooperation between public medical institutions and social medical institutions. Encourage public medical institutions to train medical staff for social medical institutions, improve their technical level, and explore various forms of talent exchange and technical cooperation. Encourage social forces with management experience in medical institutions to participate in the management of public medical institutions through various forms, such as hospital management groups, on the premise of clear responsibilities and rights.
Fourth, optimize the development environment
(11) Implement tax policies for medical institutions. Actively implement various tax policies of social medical institutions. Medical services provided by socially-run medical institutions are exempted from business tax; real estate and land used by socially-run non-profit medical institutions that meet the requirements are exempted from real estate tax and urban land use taxes; The property and land used by the institution for its own use shall be exempt from property tax and urban land use tax for 3 years from the date of its registration of practice. Socially-run medical institutions that are identified as non-profit organizations in accordance with the provisions of the Enterprise Income Tax Law are exempt from corporate income tax on qualified income such as medical services provided by them. Donations from enterprises and individuals to non-profit medical institutions run by the public through non-profit social organizations or people's governments at or above the county level and their departments are deducted before tax in accordance with the provisions of the tax law.
(12) Include socially-run doctors in the scope of designated medical insurance. Eligible social medical institutions will be included in the scope of fixed medical insurance, and the same policies as public medical institutions will be implemented. The nature of ownership of medical institutions must not be taken as a prerequisite for fixed-point medical insurance, and non-medical service capacity factors, such as the full number of fixed-insurance medical institutions, must not be used as reasons for refusing to include socially-run medical institutions in fixed-point medical insurance. Standardize various types of medical fee bills, non-profit medical institutions use unified medical fee bills, and for-profit medical institutions use compliant invoices, which can be used as medical insurance fund payment vouchers, detailing the charges of different types of medical institutions and the use of bills and medical insurance Fund settlement methods.
(13) Improve clinical level and academic status. Encourage social medical institutions to introduce new technologies, carry out new projects, and provide special diagnosis and treatment services. Support social medical institutions to actively introduce middle and high-end talents and organize various aspects of scientific and technological exchanges and cooperation. Social medical institutions enjoy the same treatment as public medical institutions in terms of title evaluation, scientific research project bidding, and results evaluation. Eligible social-run medical institutions are encouraged to apply for the certification of standardized training bases for resident physicians, regular evaluation institutions for doctors, and clinical teaching bases in medical high (medium) institutions. Support social medical institutions to participate in various medical industry associations, academic organizations, professional title evaluations and medical institution review committees, and continue to increase the proportion of their personnel under the conditions that meet the standards, and further ensure that medical personnel of social medical institutions enjoy the right to serve as their academics. Opportunities for positions of appropriate level and professional competence.
(14) Regulate charging policies. We will resolutely implement the state's administrative fee-related policies, exempt administrative social fees from non-profit medical institutions run by the society, and halve administrative fees from for-profit medical institutions. We will further clean up and cancel unreasonable and illegal charging items for social medical institutions, and implement the same charging policies and standards for social non-profit medical institutions as for public medical institutions in terms of various types of charging projects managed by the government.
(15) Improve the supervision mechanism. Strengthen the training of persons in charge of social medical institutions and relevant management personnel, promote standardized management, and improve business operations. Increase the information disclosure of medical institutions. The administrative departments of health and family planning at all levels regularly publicly publicize the services and daily supervision and punishment information of medical institutions in the region, and accept social supervision. Strengthen the supervision system and capacity building, severely crack down on illegal medical practice, seriously investigate and punish the practice of renting medical licenses to open medical institutions and lease contracting departments, and severely punish the verified malignant medical accidents, defraud of medical insurance funds, false advertising and publicity, excessive medical treatment, and push patients , Explore the establishment of medical institutions and their practitioners exit mechanism. Establish and improve the credit records of medical institutions and their employees, promote the disclosure of information in accordance with the law and incorporate it into the country's unified credit information sharing and exchange platform, and adopt disciplinary measures such as prohibition of industry entry within a certain period of time for serious violations of untrustworthiness. Strengthen medical safety management and guide participation in medical liability insurance. Improve the classified management policy of medical institutions, promulgate management rules for non-profit medical institutions, and clarify supervisory measures on the nature of operations and the use of fund balances.
(16) Create a good atmosphere. Make full use of the media such as newspapers, radio, television, and the Internet, vigorously publicize the guidelines and policies for encouraging and guiding the development of social medical institutions in various places, publicize the important position and role of social medical institutions in the medical service system, and publicize and praise social medical institutions The advanced models emerging in China have expanded the influence of social medical institutions and formed a good social atmosphere conducive to the development of social medical institutions.
All regions and relevant departments should attach great importance to the development of society and place medical treatment in an important position, strengthen communication and coordination, work in close coordination and cooperation to form a joint effort. Relevant departments shall, in accordance with the requirements of this notice, formulate or improve supporting measures in a timely manner, while leaving space for localized and diversified reform and exploration. Provincial people's governments should formulate specific work plans based on actual conditions, refine policies and measures, and ensure that they are implemented. Development and Reform Commissions, Health and Family Planning Commissions and other departments at all levels shall supervise, inspect and track the implementation of policies, establish key work tracking mechanisms and regular supervision systems, and ensure that the accelerated development of social medical services achieves results.

 

 

 

 

 

 

 

Chapter two    Fujian Institutional Documents


2.1 Fujian Provincial People's Government on promoting government and social capital cooperation

( PPP ) Pilot Guidance

Min Zheng (2014) No. 47

The municipal, county (district) people's governments, the Pingtan Comprehensive Experimental Zone Administrative Committee, the provincial people's government departments, all direct agencies, major enterprises, and colleges and universities:

In accordance with the spirit of the Third Plenary Session of the Eighteenth Central Committee of the Party on allowing social capital to participate in urban infrastructure investment and operations through franchising and other means, on the premise of strengthening supervision and standardizing operations, the government and social capital cooperation in the province (Public- Private-Partnership (hereinafter referred to as PPP) pilots to expand investment and financing channels for infrastructure and public utility construction, improve the quality and efficiency of public product supply, and hereby propose the following guidance.

I. Scope of the pilot project

People's governments at or above the county level are encouraged to implement PPP pilot projects in infrastructure, infrastructure, and public utilities projects such as transportation, energy, municipal services, water conservancy, information, environmental protection, affordable housing projects, medical care and pension services. Government-authorized investment entities sign project cooperation agreements with social capital, set up PPP project companies, and participate in the project's early stage demonstration, mid-term construction, and later operations, etc., share risks and share benefits. The pilot projects should have relatively stable returns, mature technology development, and clear long-term contract relationships. The investment amount is generally more than 100 million yuan, and the duration of a round of cooperation is generally 10 to 30 years.

Clearly implement the pilot project, and the government or the authority in charge of granting franchise will sign a franchise agreement with the PPP project company, determine the project implementation and management requirements, and realize the unity of public welfare and profitability of the project.

The completed projects can also be implanted with a PPP model, introducing social capital and forming a PPP project company, and upgrading or cooperating the original project through project leasing, reorganization, transfer, etc., in order to alleviate the pressure on financial funds and improve the management level Improve the quality of public services.

Establishment of pilot projects

(1) Construction project library . Governments at all levels shall, in accordance with the needs of the construction of infrastructure and public utilities in the region, take into account the effective allocation of funds and the reasonable layout of the projects, and do a good job of planning the PPP pilot projects in the region. Timely release to the public relevant policies and regulations on PPP pilots, and disclose information on market access and investment. District and municipal governments shall be established to establish project reserves in the region, and provincial level project reserves shall be established with an investment amount of more than 500 million yuan. Provincial authorities in charge of the pilot industry should, within their respective responsibilities, lead the selection and promotion of pilot projects in their own industry, and guide and promote the government of the project location to carry out pilot projects.

(2) Do a good job in the preliminary demonstration . The government or authorized organization implementation unit shall conduct an assessment of the necessity, feasibility, economics, and compliance of the project to be implemented, and conduct a comprehensive analysis of the capital structure, operating costs and available profits corresponding to different cooperation methods. Focus on factors such as pricing mechanism, risk sharing, output quality, and operating costs to balance the project's economic and social benefits.

(3) Formulate the implementation plan . Authorized organizational implementation units should formulate PPP implementation plans based on the previous demonstrations, clarify the basic situation of the project and economic and technological indicators, determine the conditions and methods of partner selection, measure the total investment of the project and the government's commitment, and draft a draft franchise. The implementation plan shall be solicited in advance from the departments of development, reform, finance, planning, construction, land, environmental protection, and prices, and shall be submitted to the government at the same level for approval.

The government or authorized organization implementation unit should open social capital that intends to participate in project cooperation and conduct extensive solicitation of project schemes in the early stage of demonstration of pilot projects and formulation of implementation schemes.

(4) Strict project bidding . Authorized organization and implementation units shall organize bidding strictly in accordance with the relevant provisions of the Government Procurement Law and the Bidding and Tendering Law. Standardize the entry threshold for investment, treat all types of investment subjects equally, and set no additional conditions for non-public capital. During the bid evaluation process, the expert committee is organized according to the project requirements and the project plan submitted by the bid applicants, and comprehensively considers the service quality, professional quality and financial strength of the bid applicants, and the feasibility, economics and financial affordability of the project. Demonstrate and determine the winning bidder and project plan. Authorized organization implementation units shall publicize all aspects of the bidding in the prescribed information distribution channels, and timely release information such as the bidding announcement and the results of the bidding to ensure open procedures and transparent processes.

(5) Clear contract management . Government-authorized investment entities and other parties involved in the PPP project shall, on the basis of equal negotiation and legal compliance, sign project cooperation agreements in accordance with the PPP pilot requirements, determine the rights and responsibilities of the parties to the cooperation, and share risks reasonably. The project cooperation agreement should include the following: 1. project content; 2. cooperation model and related franchise content; 3. establishment of a PPP project company; 4. investment, valuation and income; 5. risk responsibility sharing; 6. performance indicators And evaluation mechanism; 7. Supervision mechanism; 8. Exit and project transfer mechanism; 9. Liability for breach of contract; 10. Dispute resolution method; 11. Other matters that the parties think should be agreed.

The government or the authority in charge of granting franchise may sign a franchise agreement with the PPP project company in accordance with the relevant regulations on franchise management within the framework of the project cooperation agreement. The franchise agreement should include the following: 1. the content, scope and duration of the franchise; 2. the product and service standards; 3. the determination methods and adjustment mechanisms for prices, charges and subsidies; 4. the ownership and disposal of facilities; 5. Facilities maintenance and renovation; 6. Safety management; 7. Performance guarantee; 8. Termination, alteration and temporary takeover of franchise rights; 9. Liability for breach of contract; 10. Dispute resolution method; 11. Other matters that the parties think should be agreed.

The relevant contracts such as the project cooperation agreement and the franchise agreement shall be reported to the financial department where the project is implemented for the record.

Implementation of pilot projects

(1) Adhere to market operations . The PPP project company shall establish and improve the corporate governance structure according to the requirements of the modern enterprise system, operate and manage according to law, and realize the normal operation of the project. PPP project companies adhere to the principles of market operation, pursue project quality, reasonably save project costs, do a good job in public product supply, develop service markets, and assume project construction, operation, and technical risks in accordance with the law. The government or the authority in charge of granting franchise operations shall perform contractual obligations and regulatory responsibilities in accordance with the franchise agreement, and bear legal and policy risks. They shall not give excessive commitments on subsidies or take market risks.

(2) Ensure project quality . The PPP project company shall coordinate the project input and output according to the agreed cooperation period, organize the project construction strictly in accordance with the design documents, strengthen the construction management, ensure the quality of the project, and assume lifelong responsibility for the quality of the project. During the operation of the project, strive to improve the level of management and management, provide safe, high-quality, efficient and convenient public services in accordance with the contract, and regularly overhaul and maintain the project facilities to ensure the normal operation of the facilities. Without the permission of the government or the authority in charge of granting franchise, project facilities and assets cannot be transferred, leased, pledged, mortgaged or otherwise disposed of, and project loans, facilities and related land use rights cannot be used for franchising Uses outside the project.

(3) Establish an adjustment mechanism . The two parties of the franchise agreement negotiated and determined the prices, benefits and subsidies based on factors such as construction costs, operating and maintenance costs, future usage flows, and expected return rates. The agreement may involve land use related to franchise projects, provision of related infrastructure and utilities, government procurement of products or services, etc. During project operation, timely adjust prices, charging standards, financial subsidies, rents, etc. according to project operation conditions, public satisfaction, etc., to ensure reasonable returns and sustainable project operation. The duration of project cooperation can be adjusted by the parties involved in the project according to the project's operating conditions and government subsidy capacity.

(4) Give policy support . PPP project companies that comply with current policies enjoy preferential policies for the headquarters economy of our province. Based on the progress of the implementation of PPP projects in the province, the Provincial Department of Finance gradually arranged 500 million yuan of special funds to establish a risk pool to provide credit enhancement support for local PPP project loans. Various financial institutions actively develop financial products and innovative financial services, and earnestly increase their support for eligible PPP project loans. Due to the needs of project implementation, qualified PPP project franchise rights can be used for financing to financial institutions after approval by the government in the place where the project is implemented. Support PPP project companies to broaden direct financing channels and enjoy preferential policies for enterprises in our province to support listing. Support PPP project companies to use foreign government loans or funds from international financial organizations to actively seek multi-channel funds such as insurance funds and national social security funds.

Four, pilot project supervision

(1) Strengthen risk management . Governments at all levels should scientifically arrange PPP pilot projects based on the actual financial resources of the region, and do a good job of capital measurement and budget coordination. Financial departments at all levels should strengthen financial supervision over PPP project financing, construction, and operations in accordance with laws and regulations, strictly enforce project budgets, and strengthen risk early warning and control.

(2) Carry out performance evaluation . It is necessary to improve performance evaluation methods, implement a third-party review mechanism other than government departments and social capital, comprehensively evaluate project operations, public service quality, and fund use efficiency, and publicize the evaluation results to society as project prices, subsidies, and cooperation. Basis for adjustments such as deadlines. The financial department of the place where the project is implemented may also incorporate the PPP project into the financial fund performance evaluation management system.

(3) Joint supervision by departments . The financial department shall formulate and improve supporting policies such as the PPP pilot policy system, operating procedures and model contract, and strengthen supervision and guidance with relevant departments. Relevant administrative departments such as development and reform, trust, planning, land, housing, transportation, environmental protection, water conservancy, sanitation, civil affairs, auditing, and supervision shall participate in project process management and supervision within their respective responsibilities, and perform supervision in accordance with law Management responsibilities.


2.2 Opinions of the General Office of the People's Government of Fujian Province on Promoting Government and Social Capital Cooperation ( PPP) Pilot Support Policies

Minzheng Office [2015] No. 69

The municipal, county (district) people's governments, the Pingtan Comprehensive Experimental Zone Administrative Committee, the provincial people's government departments, directly-affiliated institutions, major enterprises, and colleges and universities:

In order to accelerate the pilot work of the provincial government and social capital cooperation (PPP), with the consent of the provincial government, the following opinions on the PPP pilot support policy are proposed:

I. Upfront cost of demonstration projects. From 2015 to 2017, as determined by the Provincial Department of Finance or its authorized institution, if it is included in the provincial PPP demonstration project, the provincial finance will give a one-time reward to the implementing government according to the amount of newly introduced social capital of the project. The reward criteria are: RMB 500,000 yuan for RMB 50 million and RMB 100 million; RMB 300,000 for each additional RMB 100 million above RMB 100 million; and a single project reward not exceeding RMB 5 million. If it is included in the PPP demonstration project of the Ministry of Finance, the award amount will increase by 20% according to the above criteria. Incentive funds are mainly used to subsidize upfront costs of PPP projects and other related expenses.

2. Encourage the conversion of stock debt. After clearing and verifying the existing debts, the local government is encouraged to screen projects suitable for the implementation of the PPP model, formulate debt conversion plans and PPP project implementation plans, and organize implementation after approval according to regulations in the balance of local government debts for repayment confirmed by the Ministry of Finance at the end of 2014 . From 2015 to 2017, if the local government reduced the aforesaid debts through the implementation of PPP projects, the provincial finance will reward them by 3 ‰ of the scale of debt resolution that year, and the cumulative reward amount of a single city, county (district) will not exceed 3 million yuan. If the existing project is included in the Ministry of Finance or provincial PPP demonstration project, the reward will not be repeated according to the principle of high priority.

3. Coordinate financial special funds. For public utilities and infrastructure construction projects that use financial funds, a PPP feasibility study must be conducted in advance. In addition to laws, regulations, and rules with prohibitive provisions, as long as social capital is willing to invest, in principle, priority is given to social capital participation. The financial department of the project implementation area must effectively coordinate financial funds, comprehensively use investment subsidies, financial subsidies, and loan discounts to increase support for PPP projects, and ensure that the government's fiscal expenditure responsibility for PPP projects in the local government accounts for the fiscal year's level. The proportion of expenditure budget is controlled within a reasonable range. The Provincial Department of Finance, in conjunction with relevant industry authorities, will prioritize special projects for public utilities and infrastructure construction projects that meet the conditions and use the PPP model for transportation, energy, municipal, water conservancy, information, environmental protection, affordable housing projects, medical and pension services, etc. Subsidy, and the subsidy standard can be appropriately floated, and the float ratio should not exceed 10%. In the construction and operation of major water conservancy projects, pilots in sponge cities, pilots in underground comprehensive pipeline corridors, public rental housing, and municipal public areas, financial departments at all levels, in conjunction with relevant departments, organize eligible projects to preferentially use the PPP model to obtain preferential policies for central financial subsidies.

Fourth, guarantee a reasonable return of social capital. “使用者付费”定价、建设成本、运营费用、行业平均收益率和财政中长期承受能力等因素,合理确定和动态调整财政补贴的规模和方式,保障参与合作的社会资本获得合理回报,实现项目可持续运营。 For a PPP project that undertakes certain public welfare tasks, good social benefits, and income cannot cover costs and reasonable benefits , the government of the project implementation site may comprehensively consider "user-paid" pricing, construction costs, operating expenses, industry average returns, and fiscal mid- to long-term Factors such as affordability, rationally determine and dynamically adjust the scale and method of financial subsidies, ensure that social capital participating in cooperation obtains reasonable returns, and realizes sustainable project operation.

5. Provide credit support for project financing. Based on the progress of the implementation of PPP projects in the province, the provincial finance has gradually arranged 500 million yuan of PPP project credit enhancement funds to provide credit enhancement support for PPP project financing. The PPP project financing identified by the Provincial Department of Finance or its authorized institution is included in the scope of provincial PPP project credit enhancement fund support. When financial institutions provide PPP project financing, they increase credit ratings, increase credit lines, and reduce financing costs. When a PPP project defaults on financing, the portion of the guarantee that is insufficient to repay the principal shall be shared by the financial institution and the credit enhancement fund in a certain proportion, and the amount of compensation for a single project shall not exceed 30 million yuan; the financial institution and the credit enhancement fund may accordingly submit to PPP The project company recovers, and the recovery proceeds are returned to financial institutions and credit enhancement funds in the same proportion. According to the financing needs of the PPP project, the local government shall reasonably use policies such as guarantee, discount, guarantee insurance and risk compensation to provide financing support to PPP project companies. Provincial re-guarantee institutions include qualified PPP project company financing into their business scope and provide re-guarantee or direct guarantee business.

6. Expansion of project financing channels. Actively use loans from international financial organizations and foreign government loans; connect with the Ministry of Finance's PPP financing support funds, various insurance investment funds and national social security funds, and other multi-channel funds; encourage provincial-owned enterprises and various industrial investment funds to participate in local PPP project cooperation, Expand funding sources for PPP projects. PPP project companies go public and enjoy the company's listing incentive policy. For PPP project companies listed on the national SME stock transfer system and the Straits Equity Exchange Center, the Provincial Economic and Information Commission will give a subsidy of no more than 300,000 yuan in the year of listing.

7. Establish a public service platform. The Provincial Department of Finance screens PPP project consulting agencies and experts, establishes a provincial consulting agency bank and expert bank, purchases professional consulting services in project identification, screening and demonstration, and provides technical support for the project. The Provincial Department of Finance opened a PPP portal website, released policy and bidding information, set up a project library management system, and tracked, counted, and summarized project conditions.

General Office of Fujian Provincial People's Government

May 11, 2015


2.3 The General Office of the Fujian Provincial People's Government forwarded

Implementation of the notice to facilitate the masses' medical advice  

Fujian Government Office [2012] No. 211

 

The municipal, county (district) people's governments, the Pingtan Comprehensive Experimental Zone Administrative Committee, the provincial people's government departments, all direct agencies, major enterprises, and colleges and universities:

Provincial Health Department, Provincial Medical Reform Office, Provincial Finance Department, Provincial Education Department, Provincial Civil Affairs Department, Provincial Housing and Urban-Rural Development Department, Provincial Land and Resources Department, Provincial Department of Human Resources and Social Security, Provincial Civil Service Bureau, Provincial Food and Drug Administration, etc. The "Several Opinions on Promoting the Convenience of the Masses to Seek Medical Care" formulated by the department has been agreed by the provincial government, and is now forwarded to you, please implement it carefully.

General Office of Fujian Provincial People's Government

December 19, 2012

Several opinions on promoting the convenience of medical treatment for the masses

Provincial Health Department Provincial Medical Reform Office Provincial Finance Department Provincial Education Department Provincial Civil Affairs Department

Provincial Department of Housing and Urban-Rural Development Provincial Department of Land and Resources Provincial Department of Human Resources and Social Security

Provincial Civil Service Bureau

(December 2012)

“看病难、住院难、看病烦”问题,不断改善群众就医体验,方便群众看病就医,提出如下意见: In order to accelerate the pace of reform of public hospitals in our province, innovate institutional mechanisms, actively implement measures to benefit the people, and practically solve the problem of "difficult to see a doctor, difficult to stay in a hospital, and troublesome to see a doctor", and continuously improve the medical experience of the masses to facilitate the masses to see a doctor, the following opinions are put forward:

I. Actively adjust and scientifically allocate medical resources

(1) Reasonably adjust the setting plan of medical institutions. Governments at all levels should incorporate the planning and construction of medical institutions into local national economic and social development planning, urban and rural planning, and overall land use planning. In accordance with the actual requirements of serving the population and expanding medical resources, the "Plan for Setting Up Medical Institutions" in the region should be readjusted, and new medical resources should be focused on new areas with weak medical resources and towns and towns with relatively concentrated population flows. Villages and towns are inclined to encourage the development of third-grade high-quality medical resources in cities and rationally arrange medical institutions so that the masses can get nearby medical services.

(Responsible unit: Provincial Department of Health, Provincial Development and Reform Commission, People's Government of each district and city, Pingtan Comprehensive Experimental Zone Management Committee)

(2) Strengthen the upgrading and construction of township health centers. For Class A township health centers that serve a large population and have a large amount of medical services, they can be planned and constructed in accordance with the standards of second-level general hospitals to expand the scale of beds and expand the scope of medical services. To improve medical service capabilities to meet the needs of the people in the area. Class B health centers (central health centers) can speed up the development of specialties and moderately expand beds.

(Responsible units: Provincial Department of Health, Provincial Development and Reform Commission, Provincial Department of Finance, Municipal, County (District) People's Governments, Pingtan Comprehensive Experimental Zone Management Committee)

(3) The urban and rural planning and land and resources administrative departments shall reserve land for the construction of medical and health facilities according to the planned layout, construction scale, and land area of medical institutions, and verify the location and boundary of land use. During the development of new urban areas and the reconstruction of old urban areas, medical and health facilities should be planned simultaneously, and supporting construction should be carried out. Urban and rural planning departments should seek the opinions of health administrative departments when planning approval. The setting of community health service institutions shall be designed, constructed, and accepted simultaneously with the main project in accordance with the standards.

(Responsible unit: Provincial Department of Housing and Urban-Rural Development, Provincial Department of Land and Resources, Provincial Department of Health, Municipal, County (District) People's Government, Pingtan Comprehensive Experimental Zone Management Committee)

(4) Earnestly implement the implementation rules of the Provincial Government General Office to forward the Provincial Department of Health and other departments to further implement the implementation details of encouraging and guiding social capital to host medical institutions (Minzheng Office [2012] No. 144), and relax the standards for social capital to host medical institutions Into the scope, social capital should be given priority when adjusting and adding medical and health resources. Guide non-public medical institutions to take a differentiated development path, and form a market competition pattern with complementary and healthy and orderly functions for public hospitals. Implement various preferential policies for medical institutions organized by social capital to promote the healthy development of non-public medical institutions.

(Responsible unit: Provincial Department of Health, Provincial Medical Reform Office, Municipal, County (District) People's Government, Pingtan Comprehensive Experimental Zone Management Committee)

Promoting the reform of basic medical insurance payment methods

(V) Actively exploring the reform of the basic medical insurance payment method, and establishing a comprehensive medical insurance payment method including total amount control, payment by disease type, payment by head, and payment by item. Strengthen the incentive and restraint effect of medical insurance on medical behaviors, guide designated medical and health institutions to actively control costs, and regulate diagnosis and treatment behaviors.

(Responsible unit: Provincial Department of Human Resources and Social Security, Provincial Department of Health)

(6) Guide the insured personnel to the primary medical and health institutions for treatment by establishing a differential payment mechanism. The reimbursement ratio of urban employees' inpatient medical insurance within the scope of the catalogue is 80% -85% for tertiary hospitals, 86% -89% for secondary hospitals, and 90% -98% for primary hospitals, township health centers, and community medical institutions. The reimbursement ratio of urban residents' inpatient medical insurance within the scope of the catalogue is 50% -65% for tertiary hospitals, 60% -75% for secondary hospitals, and 70% -90% for primary hospitals, township health centers, and community medical institutions. The proportion of hospitalization compensation for new rural cooperatives at the county, county, and county levels has been increased to 90% -95%, 75% -80%, and 45% -65%, respectively, and the proportion and number of visits to primary medical institutions have been continuously increased. Hierarchical diagnosis and two-way referral system provides policy support.

(Responsible unit: Provincial Department of Human Resources and Social Security, Provincial Department of Health)

(7) Drawing on and promoting the experience of Xiamen's reform of the payment system for inpatients on selected days, formulate and implement policies for outpatient check-ups for inpatients on selected days that are included in the settlement of medical insurance inpatient expenses and the payment of NCMS. For urban employees and urban residents, medical insurance covers all non-emergency surgeries that meet the indications for in-patient surgery, and patients with tumor radiotherapy and chemotherapy who require hospitalization. The pilot program for day-out hospitalization included in third-tier hospitals in the province will be included in the settlement of medical insurance and hospitalization expenses. jobs. Combined with the development of 20 major diseases, the NCMS has included the cost of pre-hospital examinations for patients undergoing elective surgery into the scope of NCMS compensation. Encourage in-patients to achieve out-patient inspections before hospitalization, effectively shorten the average length of stay, improve the efficiency of medical resource utilization, and effectively alleviate the difficulty of hospitalization.

(Responsible unit: Provincial Department of Human Resources and Social Security, Provincial Department of Health)

(8) Formulate and implement a policy for appropriately extending outpatient prescriptions for patients with chronic diseases. When medical institutions have a clear diagnosis, stable condition, and long-term medication for patients with chronic diseases in the outpatient clinic, the physician can appropriately extend the outpatient prescription dosage according to the condition, and prescribe the dosage for 2-4 weeks to facilitate the treatment of patients with chronic diseases. “门诊次均费用”和各级医疗保险经办机构“医疗保险门诊次均定额”管理。 For chronic diseases that are included in the scope of the extended outpatient prescription consumption of chronic diseases, the outpatient treatment costs of their patients are not included in the "average outpatient cost" of the medical administrative departments at all levels and the medical insurance agencies at all levels Sub-average quota "management. Medical institutions should effectively strengthen the rational use of medicines and avoid repeated prescribing. After the NRCMS farmers have handled the approval of the special diseases of the NCMS chronic disease clinic, their special disease reimbursement compensation policy shall be implemented in accordance with the relevant policies of NRCMS formulated by the localities.

(Responsible unit: Provincial Department of Human Resources and Social Security, Provincial Department of Health)

Third, strengthen the human resources of the hospital

≥1∶0.4,医生和护士比达到1∶2。 (9) Provincial hospitals should be fully equipped with health technicians in accordance with the basic configuration standards of medical institutions. Based on the actual number of open beds, the average level of the third-level general hospitals is at least 1.03, and the average level of the second-level general hospitals is at least 1.03. Equipped with 0.88 health technicians, the ratio of the actual number of beds in the wards of the second- and third-level general hospitals to the number of nurses should be ≥ 1: 0.4, and the ratio of doctors to nurses should be 1: 2. The allocation of health technicians in Chinese hospitals and specialized hospitals should meet the requirements of the Basic Standards for Medical Institutions (Trial) of the Ministry of Health. The Maternal and Child Health Hospital is in accordance with the Fujian Provincial Party Committee and the Provincial Department of Health "Notice on Adjusting the Provincial Maternal and Child Health Institutions' Compilation Standards and Other Related Issues" (Fujian Committee Office [2011] No. 142) and the Provincial Department of Health "On Further Strengthening Maternal and Child Health The Guiding Opinions on Work (Min Wei Maternal and Child [2012] No. 44) requires that women and children's health care staff and clinical medical staff be adequately staffed. Effectively guarantee the quality and safety of clinical medical treatment.

(Responsible unit: Provincial Department of Health, Municipal, County (District) People's Government, Pingtan Comprehensive Experimental Zone Management Committee)

Fourth, strengthen the introduction and training of medically in short supply of talents

(10) Further implement the employment autonomy of public hospitals, simplify personnel recruitment procedures, and increase the introduction of medical talents. Localities can formulate the "Guidelines for the Introduction of Urgently Needed Talents in Public Hospitals" according to the needs of hospitals, and implement dynamic adjustments based on actual conditions, in principle every two years. For those who meet the conditions specified in the catalogue, a direct assessment is used to supplement it. “近亲繁殖”,招聘工作由行政主管部门和省人事行政部门负责指导监督,确保公平公正。 Autonomous recruitment units should standardize recruitment procedures, establish internal supervision mechanisms, expand the range of candidates, optimize the academic structure, and avoid "inbreeding". Recruitment work should be supervised and supervised by administrative departments and provincial personnel administration departments to ensure fairness and justice. Among them, the township hospitals can be directly tested by the county-level health administrative department within three years from 2012, and at the same time reported to the personnel administration department at the same level for the record. The personnel administration department and discipline inspection and supervision department at the same level should strengthen supervision and management.

(Responsible unit: Provincial Civil Service Bureau, Provincial Department of Health)

(11) Expansion of standardized training programs for resident paediatrics, emergency department, intensive care department, medical imaging department (ultrasonic medicine) enrollment plan to attract clinical medical graduates from other provinces to employment in our province's inadequate disciplines or to participate in standardized training for resident physicians. Measures such as increasing job allowances have led medical graduates to engage in inadequate disciplines such as pediatrics, obstetrics and gynecology, intensive medicine, and ultrasound medicine.

(Responsible unit: Provincial Health Department, Provincial Civil Service Bureau, Provincial Finance Department)

(12) Actively promote and support Fujian Medical University and Fujian University of Chinese Medicine to apply for undergraduate clinical medicine (pediatrics). Take the initiative to coordinate with clinical universities (pediatrics) medical universities outside the province, and strive to expand the clinical medicine (pediatrics) admissions program in Fujian. Under the premise of ensuring the quality of training, the enrollment plan for medical imaging specialty at the undergraduate level of Fujian Medical University should be appropriately increased.

(Responsible unit: Provincial Department of Education, Provincial Department of Health, Fujian Medical University, Fujian University of Chinese Medicine)

V. Further improving the basic drug system

(13) Standardize the management of two-way referral medication for primary medical and health institutions. To adapt to the treatment of major common chronic diseases such as hypertension, diabetes, cerebrovascular disease sequelae, chronic obstructive pulmonary disease, coronary heart disease, hyperlipidemia and other referrals from higher-level hospitals, all primary medical institutions can focus on medicines in Fujian Province according to actual needs On the procurement platform, direct purchase of 61 types of two-way referral medications for chronic diseases needed for diagnosis and treatment.

(Responsible unit: Provincial Department of Health)

(14) Health administrative departments at all levels shall strengthen the supervision and training of online medicine procurement by primary medical institutions, and guide and help primary medical institutions to provide two-way referral drugs for common chronic diseases according to actual needs, so as to ensure the need for clinical drug use for two-way referral patients. . The drug supervision department should strengthen the supervision and management of distribution companies, improve the distribution methods, and increase the availability of two-way referrals for essential drugs and chronic diseases.

(Responsible unit: Provincial Department of Health, Provincial Food and Drug Administration)

6. Further improving the service capacity of primary medical and health institutions

(15) Further improve the performance-based salary system of primary-level medical and health institutions, and encourage primary-level medical and health-care institutions to further increase the ratio of reward-based performance wages. Where conditions and motivation are available, the total amount of basic performance wages and reward performance-based wages may be fully combined. Assigned by the unit. Grassroots medical and health institutions may withdraw a certain percentage of funds from the excess income of medical income (deducted from drug income) as an incremental part of reward performance wages to reward medical staff. It is necessary to improve the internal performance evaluation system, and focus on key positions, business backbones, and personnel who have made outstanding contributions to achieve more work, better performance, and better pay, and mobilize the enthusiasm of grass-roots medical staff.

(Responsible units: Provincial Civil Servants Bureau, Provincial Department of Finance, Provincial Department of Health, Municipal, County (District) People's Governments, Pingtan Comprehensive Experimental Zone Management Committee)

(16) Health administrative departments at all levels shall supervise and guide grass-roots medical and health institutions to maintain overall medical service functions, strictly implement the "Regulations on the Management of Medical Institutions", and carry out diagnosis and treatment activities in accordance with the standard registered diagnosis and treatment subjects. Maternal and child health care institutions and primary medical and health institutions shall not stop the diagnosis and treatment activities of obstetrics and other approved diagnosis and treatment departments without the approval of the health administrative department. Primary medical institutions that have stopped medical work in some departments should be urged to recover as soon as possible, and continue to improve the level of diagnosis and treatment. It is necessary to formulate policies and measures to encourage and support the obstetric services of the township hospitals in the islands and remote mountainous areas in their jurisdictions to ensure the needs of pregnant women in the islands and remote mountainous areas for emergency medical treatment.

(Responsible unit: Provincial Department of Health)

7. Effectively strengthen the capacity building of weak hospital departments

(17) Public hospitals at all levels must effectively strengthen the construction of weak departments such as pediatrics, obstetrics and gynecology, pathology, ultrasound medicine, and critical medicine, and equip them with necessary medical instruments and equipment according to the amount of diagnosis and treatment services to promote the improvement of diagnosis and treatment technology and Innovation, to achieve the three supporting personnel, technology and management. It is necessary to create conditions to actively introduce and train high-level talents in weak departments, strengthen the continuing medical education of talents, and encourage them to improve their academic qualifications and business capabilities through various means.

(Responsible unit: Provincial Department of Health, Provincial Department of Finance, Municipal, County (District) People's Government, Pingtan Comprehensive Experimental Zone Management Committee)

Eight, comprehensive implementation of various measures to benefit the people

(18) Strengthen the management of appointment consultation services. Earnest implementation of the Provincial Government's General Office to forward the Provincial Health Department and other departments' "Notice on the Implementation of Fujian Province's Unified Work Plan for Appointment and Treatment of Hospitals in the Province" (Minzheng Office [2011] No. 254), in the second and third level public hospitals in the province And the community health service center comprehensively uses the province's unified appointment consultation service platform, through the 12320 phone, text message, network and hospital outpatient windows, self-service registration machines, medical workstations, primary referrals, etc., to vigorously promote appointment consultation services; health at all levels; Departments should promptly urge public hospitals at level 2 and above to make all general outpatient and expert outpatient numbers available for appointments. The average monthly appointment rate for patients to return to the hospital should be above 50%, and the average monthly appointment rate for follow-up visits to the oral cavity and prenatal examination should reach 60%. the above. Hospitals at all levels should standardize the management of medical staff's outpatient visits, conduct appointments by time slot, do a good job of scheduling appointments for patients, and guide patients to orderly visits. The Provincial Medical Reform Office shall, in accordance with the requirements of the Minzheng Office [2011] No. 254 notification, from 2013 on a quarterly basis for the appointment of diagnosis and treatment services for provincial hospitals and district-level cities (including subordinate cities, counties, districts) and above Report at the appropriate time to increase the promotion and facilitate the medical treatment of urban and rural people.

(Responsible unit: Provincial Department of Health, Provincial Medical Reform Office, Municipal, County (District) People's Government, Pingtan Comprehensive Experimental Zone Management Committee)

(19) Public hospitals at all levels should innovate and simplify outpatient and emergency procedures, vigorously promote one-stop services for admission and admission, payment and settlement procedures, appointments for medical services and holiday outpatients to facilitate medical treatment. Expand the coverage of high-quality nursing services. All province-level and higher hospitals provide high-quality nursing services. 80% of the wards of third-tier general hospitals, 60% of the other third-tier hospitals, and 40 % of the second-tier hospitals provide high-quality care service. “一卡通”,社保卡在全省所有医院能实现就诊身份识别、居民健康档案索引、医保(新农合)结算凭证、替代医疗费用现金支付等功能。 The implementation of the social security card for the "One Card" for medical treatment , the social security card in all hospitals across the province can achieve medical identification, resident health file index, medical insurance (NCMS) settlement voucher, alternative medical expenses cash payment and other functions. Increase the investment in facilities and services for hospitals to benefit the people, increase self-service equipment such as self-service deposit payment, self-reservation, self-service queuing, self-service printing of reports and bills, and reduce the number and time of queuing. Strengthen the staffing of guides, improve the service awareness and service level of guides, and provide good services to the public.

(Responsible unit: Provincial Department of Health)

(20) Civil affairs, human society, and health departments at all levels must conscientiously implement the integration of urban and rural medical assistance and one-stop instant settlement services. Promote the urban-rural integration of medical assistance, and implement one-stop instant settlement services for medical insurance, NCMS and medical assistance as soon as possible, and control the fund balance rate at a reasonable level.

(Responsible units: Provincial Department of Civil Affairs, Provincial Department of Health, Provincial Department of Human Resources and Social Security, Municipal, County (District) People's Governments, Pingtan Comprehensive Experimental Zone Management Committee)


 

 

 

 

 

third chapter    Ministry of Finance Institutional Documents


3.1 Ministry of Finance on promoting the cooperation model of government and social capital

Notice of issues   

2014 76 Cai Jin [ 2014 ] No. 76

Provinces (autonomous regions), municipalities directly under the Central Government, cities with separate plans, and the Finance Bureau of the Xinjiang Production and Construction Corps:
“允许社会资本通过特许经营等方式参与城市基础设施投资和运营”精神,拓宽城镇化建设融资渠道,促进政府职能加快转变,完善财政投入及管理方式,尽快形成有利于促进政府和社会资本合作模式(Public-Private Partnership,PPP)发展的制度体系,现就有关问题通知如下: In order to implement the spirit of the Third Plenary Session of the Eighteenth Central Committee of the Party, “Allow social capital to participate in urban infrastructure investment and operations through franchising, etc.”, expand financing channels for urbanization construction, promote accelerated transformation of government functions, and improve financial investment and management methods As soon as possible, an institutional system conducive to the development of the government-social capital cooperation model (Public-Private Partnership, PPP) is formed. The relevant issues are now notified as follows:
I. Fully understand the significance of promoting the cooperation model of government and social capital
The government and social capital cooperation model is a long-term cooperative relationship established in the field of infrastructure and public services. “使用者付费”及必要的“政府付费”获得合理投资回报;政府部门负责基础设施及公共服务价格和质量监管,以保证公共利益最大化。 The usual model is that social capital undertakes most of the work of designing, constructing, operating and maintaining infrastructure, and obtains reasonable investment returns through "user payment" and necessary "government payment"; government departments are responsible for infrastructure and public service prices and Quality supervision to ensure maximum public interest. At present, China is implementing a new urbanization development strategy. Urbanization is a requirement of modernization, and it is also an important starting point for stabilizing growth, promoting reform, adjusting the structure, and benefiting people's livelihood. Based on domestic practice, drawing on international successful experiences, and promoting the use of government and social capital cooperation models, it is a major economic reform task determined by the country. It is of great significance to accelerate the construction of new urbanization, enhance the ability of national governance, and build a modern financial system.
(1) The promotion of the cooperation model between the government and social capital is an inevitable requirement for promoting economic transformation and upgrading and supporting new urbanization construction. The government's opening of infrastructure and public service projects to social capital through the cooperation model between the government and social capital can broaden the financing channels for urbanization and form a diversified and sustainable funding mechanism, which is conducive to integrating social resources, revitalizing social stock capital, and inspiring The vitality of private investment expands the development space of enterprises, enhances the driving force for economic growth, and promotes economic restructuring and transformation and upgrading.
(2) Promoting the use of the government and social capital cooperation model is a system and mechanism change that accelerates the transformation of government functions and enhances the ability of national governance. A standardized cooperation model between government and social capital can organically combine government development planning, market supervision, and public service functions with the management efficiency of social capital and the driving force for technological innovation, reduce the government's excessive participation in micro affairs, and improve the efficiency and efficiency of public services. quality. The government and social capital cooperation model requires equal participation, openness and transparency. The government and social capital work according to the contract, which is conducive to streamlining administration and decentralization, better realizing the transformation of government functions, promoting contract culture, and reflecting the concept of modern state governance.
(3) Promoting the use of the government and social capital cooperation model is an important part of deepening the reform of the fiscal and taxation system and building a modern financial system. According to the requirements of the fiscal and taxation system reform, one of the important contents of the modern fiscal system is the establishment of a cross-year budget balance mechanism, the implementation of mid-term fiscal planning and management, and the preparation of comprehensive financial reports that fully reflect the government's assets and liabilities. The essence of the cooperation model between the government and social capital is the purchase of services by the government, which requires that the management of budgetary revenue and expenditure in the previous single year be gradually shifted to strengthening the medium- and long-term fiscal planning, which is highly consistent with the direction and goal of deepening fiscal and taxation system reform.
Actively and steadily do a good job of project demonstration
At present, in order to promote the cooperation model of government and social capital, we must first do a good job of system design and policy arrangements, and clearly define the types of projects, procurement procedures, financing management, project supervision, and performance evaluation that are applicable to the government and social capital cooperation model.
(I) Carry out project demonstration. Local financial departments at all levels should vigorously publicize the concepts and methods of the government and social capital cooperation model to their governments and relevant industry authorities, in accordance with the principles of government leadership, social participation, market operation, equal consultation, risk sharing, and mutual benefit. Scientifically assess the demand for public services and explore the use of standardized government and social capital cooperation models to build or rebuild a number of infrastructure projects. “使用者付费”为基础的项目进行示范,在实践的基础上不断总结、提炼、完善制度体系。 The Ministry of Finance will consider factors such as the maturity of the project and the degree of demonstration, and select a number of projects based on "user payment" for demonstration throughout the country, and continuously summarize, refine and improve the system based on practice.
(2) Determine the scope of the demonstration project. Projects that are suitable for the cooperation model of government and social capital have the characteristics of relatively flexible price adjustment mechanism, relatively high degree of marketization, relatively large investment scale, and long-term stable demand. Financial departments at all levels should focus on urban infrastructure and public service areas, such as urban water supply, heating, gas supply, sewage and garbage treatment, affordable housing projects, underground comprehensive corridors, rail transit, medical and elderly care facilities, etc., with priority. Choose projects with transparent pricing and stable cash flow.
(3) Strengthen the guidance of demonstration projects. The Ministry of Finance will provide local reference cases through the establishment of a library of government and social capital cooperation projects. For government and social capital cooperation demonstration projects, the Ministry of Finance will provide a full range of services for local finance departments in project demonstration, transaction structure design, procurement and selection of partners, financing arrangements, contract management, operation supervision, performance evaluation and other work links. Guidance and technical support.
(4) Improve project support policies. The Ministry of Finance will actively study the use of existing special transfer funding channels to provide capital investment support for demonstration projects. At the same time, actively introduce reputable and capable operators to participate in the construction and operation of demonstration projects. Encourage and support financial institutions to provide financial services such as financing and insurance for demonstration projects. Local financial departments at various levels may, in light of their own financial situation, provide various forms of financial support such as early-stage cost subsidies and capital subsidies for demonstration projects according to local conditions. When negotiating with the social capital to determine the financial expenditure responsibilities of the project, the local financial departments at all levels must coordinate all forms of financial support, comprehensively consider the project risk and other factors to determine the funding support method and intensity, and consider the reasonable return of social capital.
Effectively and effectively performing financial management functions
Government and social capital cooperation projects range from clarifying investment methods, selecting partners, determining operating subsidies to providing public services, and involve budget management, government procurement, government debt management, and financial expenditure performance evaluation. Promoting the use of government and social capital cooperation models places higher demands on fiscal management. Local financial departments at all levels must raise awareness, take the courage to take the responsibility, and do a good job of related financial management.
(1) Focus on improving financial management capabilities. Government and social capital cooperation projects have a long construction period, a wide range of fields, and a high degree of complexity. The technical standards and management requirements of different industries vary widely, and they are highly specialized. Local financial departments at all levels should explore effective management methods such as project procurement, budget management, fee pricing adjustment mechanism, and performance evaluation in accordance with the requirements of the overall plan for reforming the fiscal and taxation system, in accordance with the principles of openness, fairness, and justice, and standardize project operations to achieve mid- to long-term Continue to develop and improve the efficiency of fund use and the level of public services. “风险由最适宜的一方来承担”的原则,合理分配项目风险,项目设计、建设、财务、运营维护等商业风险原则上由社会资本承担,政策、法律和最低需求风险等由政府承担。 At the same time, we pay attention to the innovation of systems and mechanisms, give full play to the decisive role of the market in resource allocation, and rationally allocate project risks in accordance with the principle of "the risk is borne by the most appropriate party." Commercial design principles such as project design, construction, finance, and operation and maintenance Social capital is borne by the government, and policies, laws, and minimum demand risks are borne by the government.
(2) Do a good job of project evaluation and demonstration. Local financial departments at all levels should work with the competent authorities of the industry to do a good job in the preliminary demonstration of the project in accordance with relevant policies and regulations. In addition to the traditional project evaluation and demonstration, it is also necessary to actively learn from the Value for Money (VFM) evaluation concepts and methods, to screen projects that intend to adopt the government and social capital cooperation model, and to entrust professional institutions to conduct projects when necessary. Evaluation argument. When evaluating and demonstrating, it is necessary to make a comparative analysis with the traditional government procurement model to ensure that from the perspective of the entire life cycle of the project, the use of the government and social capital cooperation model can improve service quality and operating efficiency, or reduce project costs. During project evaluation, factors such as public service needs, responsibility and risk sharing, output standards, key performance indicators, payment methods, financing schemes, and required financial subsidies should be comprehensively considered to balance the financial and social benefits of the project and ensure the realization of incentives. Content.
(3) Standard selection of project partners. Local financial departments at all levels should rely on the government procurement information platform to strengthen the regulation and supervision of government procurement links for government and social capital cooperation projects. “物有所值”价值目标,探索创新适合政府和社会资本合作项目采购的政府采购方式。 The Ministry of Finance will focus on achieving the "value for money" value goal and explore innovative government procurement methods suitable for government and social capital cooperative project procurement. Local financial departments at all levels should work with industry authorities to select project partners in accordance with the Law on Government Procurement and relevant regulations. It is necessary to comprehensively evaluate factors such as the professional qualifications, technical capabilities, management experience and financial strength of the project partners, select the best partners that are honest, trustworthy, safe and reliable, and clarify the rights and obligations between the government and the project company in accordance with the principle of equal negotiation. Interested financial institutions may be invited to enter the project consultation process early.
(4) Refining and perfecting the project contract text. Local financial departments at all levels should negotiate and conclude contracts with industry authorities, focusing on key links such as project functions and performance requirements, payment and adjustment mechanisms, dispute resolution procedures, and exit arrangements, and actively explore and clarify the contract terms. Based on international experience and domestic practice, the Ministry of Finance will formulate government and social capital cooperation model operation guidelines and standardized government and social capital cooperation model project contract texts. When concluding specific contracts, local financial departments at all levels should work with local industry authorities and professional and technical institutions to study and improve the terms of the contract according to local conditions to ensure that the contract content is comprehensive, standardized, and effective.
(5) Improve the management of project financial subsidies. For government and social capital cooperation projects with project income that cannot cover costs and benefits, but with better social benefits, local financial departments at all levels can give appropriate subsidies. The financial subsidy should be based on the evaluation results of the project's operational performance, and be reasonably determined by comprehensively considering factors such as product or service prices, construction costs, operating expenses, actual rates of return, and financial long-term capacity. “补建设”向“补运营”逐步转变,探索建立动态补贴机制,将财政补贴等支出分类纳入同级政府预算,并在中长期财政规划中予以统筹考虑。 Local financial departments at all levels should gradually change from “replenishing construction” to “replenishing operations”, explore the establishment of dynamic subsidy mechanisms, classify expenditures such as fiscal subsidies into the government budget at the same level, and consider them in the overall and medium-term financial planning.
(6) Improve the debt risk management mechanism. Local financial departments at all levels must demonstrate the financial affordability of projects supported by government payments or financial subsidies, based on medium- and long-term financial planning and financial expenditures throughout the project's life cycle. When clarifying the project revenue and risk sharing mechanism, it is necessary to comprehensively consider factors such as the government's intention to transfer risks, payment methods, and market risk management capabilities, and do its best to reduce the government's unnecessary financial burden. Provincial financial departments should establish a unified project directory management system and financial subsidy expenditure statistical monitoring system, in accordance with government debt management requirements, guide lower-level financial departments to determine the amount of subsidies reasonably, strictly control government contingent debt according to law, and focus on financing platform companies. The risk control work of the project's transition to government and social capital cooperation projects will effectively prevent and control financial risks.
(7) Carry out project performance evaluation steadily. Provincial financial departments shall urge industry authorities to strengthen supervision of the quality and price of public goods or services of the project, establish a comprehensive evaluation system with the participation of the government and service users, and achieve the degree of achievement of project performance goals, operation management, and capital use. , Public service quality, and public satisfaction. The results of performance evaluation shall be made public according to law and accept social supervision. At the same time, prices or subsidies should be adjusted according to the evaluation results and contractual agreements to encourage social capital to improve the quality of public services through management innovation and technological innovation.
Strengthening organization and capacity building
(1) Promote the establishment of specialized agencies. Provincial-level financial departments should actively study the establishment of specialized agencies in conjunction with the adjustment of internal functions of the department to fulfill government and social capital cooperation policy formulation, project reserve, business guidance, project evaluation, information management, publicity and training duties, and strengthen organizational security.
(2) Continuous capacity building. Local financial departments at all levels must focus on strengthening the capacity building of the government and social capital cooperation model and focus on cultivating professional talents. At the same time, vigorously publicize the working ideas and methods of training government and social capital cooperation, promote consensus among government, society and market players, and form a good social atmosphere.
(3) Strengthen work organization leadership. Local financial departments at all levels should further clarify the division of responsibilities and work objectives. At the same time, it is necessary to establish an efficient and smooth work coordination mechanism with relevant departments to form a joint effort to ensure smooth implementation. New situations and problems arising from work should be reported to the Ministry of Finance in a timely manner.

Ministry of Finance
September 23, 2014


3.2 Notice on standardizing the management of government and social capital cooperation contracts

Cai Jin [2014] No. 156

Provinces (autonomous regions), municipalities directly under the Central Government, cities with separate plans, and the Finance Bureau of the Xinjiang Production and Construction Corps:

According to the "Notice on Promoting the Use of Government and Social Capital Cooperation Models" (Cai Jin [2014] No. 76) and the "Notice on Printing and Distributing Operational Guidelines for Government and Social Capital Cooperation Models (Trial)" (Cai Jin [2014] 113 No.), for the scientific and standardized promotion of the use of the government-social capital cooperation (Public-Private Partnership, hereinafter referred to as PPP) model, the notice on the management of PPP contract management is as follows:

I. attach great importance to the management of PPP contracts

The PPP model is a contract-based relationship established between the government and social capital in the infrastructure and public service areas. "Doing business according to the contract" is not only the spiritual essence of the PPP model, but also the inherent requirement of governing the country according to law and administration according to law. Strengthening the management of the entire process of drafting, negotiating, fulfilling, changing, cancelling, transferring, terminating until lapse of a PPP contract, correctly expressing wishes through the contract, rationally allocating risks, properly fulfilling obligations, and effectively claiming rights are long-term friendship between government and social capital The important foundation of cooperation is also an important guarantee for the smooth implementation of PPP projects. Local financial departments should attach great importance to and fully understand the significance of contract management in the promotion of PPP, and work with industry authorities to strengthen PPP contract management.

2. Follow the core principles of PPP contract management

In order to regulate the management of PPP contracts, the Ministry of Finance has formulated the "Guidelines for PPP Project Contracts (Trial)" (see attachment), and will also study and formulate standardized contract texts. In advancing PPP work, financial departments at all levels must practically follow the following principles:

(1) Governance according to law. Under the framework of administering the country according to law and administration according to law, give full play to the decisive role of the market in the allocation of resources, allow the government and social capital to freely choose partners in accordance with the law, fully respect the contractual freedom of both parties in the process of contract formation and performance, and protect PPP projects according to law The legitimate rights and interests of all parties involved shall jointly safeguard legal authority and fairness and justice.

(2) Equal cooperation. Under the PPP model, the government and social capital are equal legal subjects based on the PPP project contract. Both parties have equal legal status and equal rights and obligations. They should conclude the contract on the basis of full negotiation, mutual benefit and reciprocity, and claim equality of contract rights, Perform contractual obligations.

(3) Maintain public welfare. “三位一体”的监管架构,优先保障公共安全和公共利益。 Establish a “Trinity” regulatory framework for compliance management, administrative supervision and social supervision , and give priority to protecting public safety and public interests. In addition to the performance monitoring and quality control obligations of the social capital party, the PPP project contract should also ensure the government's reasonable supervision and intervention rights to strengthen the performance management of social capital. At the same time, the government should strictly perform its administrative functions in accordance with the law, and establish a sound, effective and timely project information disclosure and public supervision mechanism.

(4) Be honest and trustworthy. The government and social capital should clearly define the rights and obligations of both parties in the entire life cycle of project financing, construction, operation, and transfer in the PPP project contract, and express their true meaning in the entire process of contract management, carefully abide by the contract, and properly Perform contractual obligations and assume liability for breach of contract in accordance with law.

(5) Fairness and efficiency. In the PPP project contract, we must always implement the principle of value for money and consider both fairness and efficiency in terms of risk sharing and benefit distribution: We must achieve the efficiency of public service supply and the use of funds through the rational distribution of project risks between government and social capital. In order to improve the cooperation period, when setting the cooperation period, method and investment return mechanism, consider the reasonable return expectations of the social capital side, the financial capacity of the government side, and the user's ability to pay in order to prevent any party from being excessively damaged or over-acquired. beneficial.

(6) Give consideration to flexibility. Given that the life cycle of a PPP project is usually long, it is necessary to fully consider the actual needs of the project throughout its life cycle when signing a contract, to ensure the integrity and relative stability of the content of the contract, and to reasonably set some changes in the time limit (extension and advancement). Termination), content changes (adjustment of output standards, price adjustments, etc.), and flexible adjustment mechanisms for changes in entities (contract transfers), leaving room for adjustments and changes for contract execution periods that may extend up to 20-30 years.

3. Effectively promote the management of PPP contracts

(1) Strengthen organization and coordination to ensure contract effectiveness. In the process of advancing PPP, financial departments at all levels must work with industry authorities to conduct contract review and performance management to ensure that the contract content truly reflects the wishes of all parties, reasonably allocates project risks, clearly divides the obligations of all parties, and effectively protects legitimate rights and interests. Provide a legal and effective contract basis for the smooth implementation of PPP projects and full life-cycle management.

(2) Strengthen capacity building and prevent and control project risks. Financial departments at all levels must organize and strengthen legal and contract management training for local governments and relevant departments, social capital, and other participants in PPP projects, so that all parties can firmly establish legal awareness and contract concepts, and gradually improve the participants' PPP project contracts. Comprehension and grasp of spiritual purpose, core content and negotiation points. In the entire process of contract management, it is necessary to make full use of and actively use the strength of professional consulting institutions such as law, investment, finance, and insurance to improve the scientificity, standardization, and operability of PPP project contracts, and fully identify and reasonably prevent and control project risks. .

(3) Summarize project experience and standardize contract terms. Financial departments at all levels should work with the competent authorities of the industry to combine the pilot work of the PPP project, grasp the implementation of contract management, continuously refine and improve the terms of the contract, and sum up experience in a timely manner to gradually form a batch of scientific, reasonable, comprehensive, and practicable contract texts. For reference and demonstration. The Ministry of Finance will gradually introduce model texts of PPP project contract standards in major industry areas and main operating methods on the basis of summarizing local practices to further standardize contract content, unify contract consensus, shorten contract preparation and negotiation cycles, and accelerate the promotion and application of PPP models. .

Attachment: PPP Project Contract Guide (Trial)

Ministry of Finance

December 30, 2014


3.3 Notice on Printing and Distributing the Operational Guidelines of the Government and Social Capital Cooperation Model (Trial)

Cai Jin [2014] No. 113

Provinces (autonomous regions), municipalities directly under the Central Government, cities with separate plans, and the Finance Bureau of the Xinjiang Production and Construction Corps:

According to the "Notice of the Ministry of Finance on Promoting the Application of the Cooperative Model of Government and Social Capital" (Cai Jin [2014] No. 76), in order to ensure the implementation quality of government and social capital cooperation projects, standardize project identification, preparation, procurement, execution, and transfer The operation process of each link is now issued and issued "Guidelines for the Operation of the Cooperative Model of Government and Social Capital (Trial)", please follow the implementation.

Attachment: Government and Social Capital Cooperation Model Operation Guide (Trial)

Ministry of Finance

November 29, 2014

annex:

Government and Social Capital Cooperation Model Operation Guide

(Trial)

Chapter One   General

The first is the scientific and standardized promotion of the use of the government-social capital cooperation model (Public-Private Partnership (PPP)), in accordance with the "People's Republic of China Budget Law", "People's Republic of China Government Procurement Law", "People's Republic of China Contract Law", The Opinions of the State Council on Strengthening the Management of Local Government Debts (Guo Fa [2014] No. 43), the Decision of the State Council on Deepening the Reform of the Budget Management System (Guo Fa [2014] No. 45), and the Ministry of Finance on Promoting the Use of Government The Circular on Issues Related to the Social Capital Cooperation Model (Cai Jin [2014] No. 76) and other laws, regulations, rules and regulatory documents, formulated this guide.

Article 2 The “social capital” mentioned in these Guidelines refers to domestic and overseas corporate legal persons who have established modern enterprise systems, but does not include financing platform companies and other state-owned enterprises owned by the government at the same level.

Article 3 These Guidelines are applicable to the activities of identification, preparation, procurement, implementation and transfer of government and social capital cooperation projects carried out by the government, social capital and other participants.

Article 4 The financial department shall, in accordance with the basic principles of the socialist market economy, strengthen the coordination with relevant government departments in the spirit of institutional innovation and contractual cooperation, actively play the role of third-party professional institutions, and comprehensively coordinate government and social capital cooperation and management.

The financial departments of provinces, autonomous regions, municipalities, separate cities and Xinjiang Production and Construction Corps should actively set up government and social capital cooperation centers or designated specialized agencies to perform planning guidance, financing support, identification and evaluation, consulting services, publicity training, performance evaluation, information Responsibilities for statistics, expert database and project database construction.

Article 5 Each participant shall implement government and social capital cooperation projects in accordance with the principles of fairness, impartiality, openness, and good faith.

Chapter two   Item identification

Article 6 For infrastructure and public service projects with large investment scale, long-term stable demand, flexible price adjustment mechanism, and high degree of marketization, the government and social capital cooperation model is appropriate.

Government and social capital cooperation projects are initiated by the government or social capital, and are mainly initiated by the government.

(1) Government initiated.

The financial department (government and social capital cooperation center) shall be responsible for soliciting potential government and social capital cooperation projects from the competent authorities of transportation, housing, environmental protection, energy, education, medical treatment, sports fitness and cultural facilities. The competent department of the industry may select potential projects from the new and reconstructed projects or existing public assets in the national economic and social development plan and the special industrial plan.

(2) Social capital is initiated.

Social capital should recommend potential government and social capital cooperation projects to the financial department (government and social capital cooperation center) in the form of project proposals.

Article 7 The financial department (government and social capital cooperation center), together with the competent department of the industry, evaluates and screens potential government and social capital cooperation projects and determines alternative projects. The financial department (government and social capital cooperation center) should formulate the project's annual and medium-term development plans based on the screening results.

For projects included in the annual development plan, the project initiator should submit relevant materials in accordance with the requirements of the financial department (government and social capital cooperation center). New construction and reconstruction projects shall submit feasibility study reports, project output descriptions and initial implementation plans; for existing projects, historical data of existing public assets, project output descriptions, and initial implementation plans shall be submitted.

Article 8 The financial department (government and social capital cooperation center), together with the competent department of the industry, conducts qualitative and quantitative evaluation of value for money. Quantitative evaluation is carried out by localities according to actual conditions.

The qualitative evaluation focuses on whether the project adopts the government and social capital cooperation model compared with the traditional government procurement model to increase supply, optimize risk allocation, improve operational efficiency, promote innovation and fair competition.

Quantitative evaluation mainly compares the present value of government expenditure costs with the comparison value of the public sector over the entire life cycle of government and social capital cooperation projects, calculates the value for money of the project, and determines whether the government and social capital cooperation model reduces the overall life of the project Cycle costs.

Article 9 In order to ensure the financial sustainability in the medium and long term, the financial department shall pay some governments or pay according to factors such as financial expenditures and government debts during the whole life cycle of the project. 的项目,开展财政承受能力论证,每年政府付费或政府补贴等财政支出不得超出当年财政收入的一定比例。 For government subsidized projects, demonstration of fiscal affordability shall be carried out. The annual government payment or government subsidy and other financial expenditure shall not exceed a certain percentage of the fiscal revenue of the year.

Projects can be prepared through projects with value for money evaluation and demonstration of financial affordability.

third chapter   Project preparation

Article 10 Local people's governments at or above the county level may establish a special coordination mechanism, which is mainly responsible for project review, organization and coordination, and inspection and supervision, to achieve the purpose of simplifying the approval process and improving work efficiency. The government or its designated relevant functional department or institution can be used as the project implementation agency, responsible for project preparation, procurement, supervision and transfer.

Article 11 The project implementation organization shall organize the preparation of the project implementation plan, and introduce the following contents in turn:

(1) Project overview.

The project profile mainly includes basic information, economic and technological indicators, and equity status of the project company.

The basic situation mainly clarifies the public goods and services provided by the project, the necessity and feasibility of the project using the government and social capital cooperation model operation, and the objectives and significance of the project operation.

The economic and technical indicators mainly define the project location, land area, construction content or asset scope, investment scale or asset value, main output description and funding source, etc.

The equity situation of the project company mainly clarifies whether to establish a project company and the company's equity structure.

(2) Basic framework of risk allocation.

In accordance with the principles of risk allocation optimization, risk-return equivalence, and risk controllability, factors such as government risk management capabilities, project return mechanisms, and market risk management capabilities are comprehensively considered to rationally allocate project risk between government and social capital.

In principle, commercial risks such as project design, construction, finance, and operation and maintenance are borne by social capital; risks such as laws, policies, and minimum requirements are borne by the government; risks such as force majeure are borne by the government and social capital.

(3) Project operation methods.

Project operation methods mainly include entrusted operation, management contract, construction-operation-transfer, construction-owner-operation, transfer-operation-transfer and reconstruction-operation-transfer, etc.

The choice of the specific operation mode is mainly determined by factors such as the pricing mechanism for charges, the level of investment income of the project, the basic framework of risk allocation, financing needs, the need for reconstruction and expansion, and disposal at maturity.

(4) Transaction structure.

The transaction structure mainly includes the project investment and financing structure, return mechanism and related supporting arrangements.

The investment and financing structure of the project mainly explains the source, nature and purpose of the capital expenditures of the project, and the formation and transfer of project assets.

The project return mechanism mainly explains the sources of funds for social capital to obtain investment returns, including payment methods such as user fees, feasibility gap subsidies, and government fees.

Relevant supporting arrangements mainly describe the upstream, downstream and downstream services required for supporting facilities such as land, water, electricity, gas and roads provided by relevant agencies outside the project.

(5) Contract system.

The contract system mainly includes project contracts, shareholder contracts, financing contracts, engineering contract contracts, operating service contracts, raw material supply contracts, product procurement contracts, and insurance contracts. The project contract is the core legal document among them.

Project boundary conditions are the core content of a project contract, mainly including the boundaries of rights and obligations, transaction conditions, performance guarantees and adjustment connections.

The boundaries of rights and obligations mainly define project asset ownership, public responsibility assumed by social capital, government payment methods, and risk allocation results.

The transaction condition boundary mainly defines the project contract period, project return mechanism, fee pricing adjustment mechanism, and output description.

The performance guarantee boundary mainly defines the compulsory insurance scheme and the performance guarantee system consisting of investment competition guarantee, construction performance guarantee, operation and maintenance guarantee, and handover maintenance guarantee.

The adjustment of the connection boundary mainly clarifies the response measures such as emergency disposal, temporary takeover and early termination, contract changes, contract extensions, and the need for new project reconstruction, expansion, and expansion.

(6) Supervision structure.

The regulatory framework mainly includes authorization relationships and regulatory approaches. The authorization relationship is mainly the government's authorization of the project implementation agency, and the government's authorization of social capital directly or through the project implementation agency; the supervision methods mainly include performance management, administrative supervision and public supervision.

(7) Selection of procurement methods.

Project procurement shall be implemented in accordance with the “People ’s Government of the People ’s Republic of China” Law and related rules and regulations. Procurement methods include public bidding, competitive negotiation, invitation to bid, competitive negotiation and single-source procurement. The project implementing agency shall select an appropriate procurement method in accordance with the characteristics of the project procurement requirements.

Open tendering is mainly applicable to projects that have clear and complete core boundary conditions and technical and economic parameters, comply with national laws and regulations and government procurement policies, and do not change in procurement.

Article 12 The financial department (government and social capital cooperation center) shall verify the value for money and financial affordability of the project implementation plan. If the verification is passed, the project implementation agency shall report it to the government for review; if the verification fails, it may be implemented in the implementation plan. Re-verify after adjustment; if re-verification fails, the government and social capital cooperation model will no longer be adopted.

Chapter Four   Project procurement

Article 13 The project implementation agency shall prepare pre-qualification documents according to the needs of the project, issue pre-qualification announcements, invite social capital and financial institutions that cooperate with it to participate in pre-qualification, verify whether the project can obtain social capital response and achieve full competition, and The pre-examination review report is submitted to the financial department (government and social capital cooperation center) for the record.

If the project has more than 3 social capitals that have passed the pre-qualification, the project implementation agency can continue to prepare the procurement documents; if the project has less than 3 social capitals that have passed the pre-qualification, the project implementation agency should reorganize the pre-qualification after the implementation of the program adjustment; If there are still not enough three qualified social capitals after re-qualification, the procurement method selected by the implementation plan may be adjusted according to law.

Article 14 The pre-qualification announcement shall be published on the media designated by the financial department of the people's government at or above the provincial level. If the prequalified social capital has changed its qualifications before signing the project contract, it shall promptly notify the project implementation agency.

The pre-qualification announcement shall include the project authorization subject, the project implementation agency and project name, procurement requirements, qualification requirements for social capital, whether to allow 参与采购活动、拟确定参与竞争的合格社会资本的家数和确定方法 ,以及社会资本提交资格预审申请文件的时间和地点。 The consortium participates in procurement activities, plans to determine the number and method of qualifying social capital participating in the competition , and the time and place where social capital submits prequalification application documents. The time for submitting prequalification application documents shall not be less than 15 working days from the date of announcement.

Article 15 Project procurement documents shall include procurement invitations, competitor notices (including seal, signature, seal requirements, etc.), competencies to be provided by competitors, credit and performance certification documents, procurement methods, and government authorization for the project implementation agency , Approval of the implementation plan and project-related approval documents, procurement procedures, response document preparation requirements, deadlines for submission of response documents, opening time and place, the amount and form of deposit of compulsory guarantees, evaluation methods, evaluation standards, government procurement policy requirements, Project contract drafts and other legal texts.

In the case of competitive negotiation or competitive negotiation procurement, in addition to the content specified in the preceding paragraph, the project procurement documents shall also clearly identify the content that the review team may substantially change according to the negotiation with social capital, including the technical and service requirements in procurement requirements. And draft contract terms.

Article 16 The review team consists of a singular number of more than 5 representatives from the project implementation agency and review experts, of which the number of review experts shall not be less than 2/3 of the total number of members of the review team. The review experts can be selected by the project implementation agency, but the review experts should include at least one financial expert and one legal expert. Representatives of the project implementation agency shall not participate in the review of the project as review experts.

Article 17 If the project adopts public bidding, invitational bidding, competitive negotiation, and single-source procurement, procurement shall be implemented in accordance with government procurement laws and regulations and relevant regulations.

If the project adopts competitive negotiation and procurement to carry out procurement, the following basic procedures shall be followed:

(1) Procurement announcement and registration.

The competitive consultation announcement shall be published in the media designated by the financial department of the people's government at or above the provincial level. The competitive negotiation announcement should include the project implementation agency and project name, project structure and core boundary conditions, whether social capital without pre-qualification is allowed to participate in procurement activities, and review principles, project output specifications, and response document requirements for social capital , The time, place, method of obtaining the procurement documents and the selling price of the procurement documents, the deadline for submission of the response documents, the opening time and place. The time for submitting the response document shall not be less than 10 days from the date of announcement.

(2) Qualification review and sale of procurement documents.

Where prequalification has been conducted, the review team will no longer review social capital qualifications during the review phase. Where post-qualification review is permitted, the review team will conduct a qualification review of social capital during the review of the response document. The project implementation organization may, according to the specific conditions of the project, organize an inspection and verification of the qualifications of the qualified social capital.

The selling price of purchasing documents shall be determined in accordance with the principle of making up for the cost of printing the purchasing documents, and shall not be used for profit, and shall not be based on the purchase amount of the project as the basis for determining the selling price of the purchasing documents. The sales period of the procurement documents shall not be less than 5 working days from the date of commencement.

(3) Clarification or modification of procurement documents.

Before the deadline for submission of the first response document, the project implementation agency may make necessary clarifications or amendments to the procurement documents that have been issued. The clarifications or amendments shall be part of the procurement documents. If the clarification or modification may affect the preparation of the response document, the project implementation agency shall notify all social capitals that have obtained the procurement documents in writing at least 5 days before the deadline for the submission of the first response document; if it is less than 5 days, the project implementation agency shall postpone the submission The deadline for the response file.

(4) Review of response documents.

The project implementation organization shall organize the receipt and opening of the response document in accordance with the procurement document.

The review team conducts a two-stage review of the response file:

The first stage: determine the final procurement requirements program. The review team may conduct multiple rounds of negotiations with social capital. During the negotiation process, the technical, service requirements, and draft contract terms of the procurement documents may be substantially revised, but the core non-negotiable conditions specified in the procurement documents may not be revised. The content of substantial changes must be confirmed by the project implementation agency and all social capital participating in the negotiation must be notified. The specific procedures shall be implemented in accordance with the "Administrative Measures for Non-Tendering Methods of Government Procurement" and relevant regulations.

The second stage: comprehensive scoring. After the final purchase demand plan is determined, the review team will comprehensively score the final response file submitted by social capital, prepare a review report, and submit a sorted list of candidate social capital to the project implementation agency. The specific procedures shall be implemented in accordance with the "Administrative Measures on Tendering and Bidding of Government Procurement of Goods and Services" and relevant regulations.

Article 18 The project implementing agency shall list in the pre-qualification announcement, procurement announcement, procurement documents, procurement contract, the preferential measures and scope of domestic social capital, and the requirements of foreign social capital for the procurement of goods and services produced by China, and other relevant governments. Purchasing policies and mandatory guarantee requirements for social capital's participation in procurement activities and performance guarantees. Social capital shall be paid in non-cash forms such as checks, money orders, promissory notes or guarantees issued by financial institutions and guarantee institutions. The amount of security deposit to participate in procurement activities shall not exceed 2% of the project budget amount. The amount of performance bond shall not exceed 10% of the total initial investment or asset evaluation value of the government and social capital cooperation project. For service-oriented cooperation projects without fixed asset investment or a small investment, the amount of performance bond must not exceed the average service income of 6 months.

Article 19 The project implementation organization shall organize social capital to conduct on-site inspections or pre-purchase Q & A sessions, but shall not separately or separately organize on-site inspections and Q & A sessions with only one social capital participating.

Article 20 The project implementing agency shall set up a special working group to confirm the negotiation results. According to the ranking of the candidate social capital, the candidate social capital and the financial institution that cooperates with it are in turn engaged in confirmation and negotiation of the variable details of the contract before signing the contract. The first person to reach an agreement is the candidate. Confirmation of negotiations shall not involve core non-negotiable clauses in the contract, and shall not renegotiate with social capital that has been ranked in the previous but has terminated negotiations.

Article 21 After the confirmation negotiation is completed, the project implementation agency shall sign the confirmation negotiation memorandum with the selected social capital, and publicize the procurement results and the contract text drawn up according to the procurement documents, response documents, addendum documents and confirmation negotiation memoranda, and the public notice period No less than 5 working days. The text of the contract shall include the important commitments and technical documents in the selected social capital response document as attachments. The contents of the contract that involve state secrets and trade secrets may not be publicly disclosed.

After the publicity period expires, the project contract shall be signed by the project implementation agency and the selected social capital after the government has approved it.

If a special project company needs to be established for the project, after the project company is established, the project company and the project implementing agency will sign a project contract again, or sign a supplementary contract to inherit the project contract.

The project implementing agency shall announce the project contract on the media designated by the financial department of the people's government at or above the provincial level within 2 working days from the date of signing the project contract, except for the contents involving state secrets and commercial secrets in the contract.

Article 22 The financial departments of the people's governments at all levels shall strengthen the supervision and inspection of PPP project procurement activities, and promptly deal with illegal activities in the procurement activities.

chapter Five   Project implementation

Article 23 Social capital may establish project companies in accordance with law. The government may designate relevant institutions to participate in project companies in accordance with the law. Project implementation agencies and financial departments (government and social capital cooperation centers) shall supervise social capital to establish project companies in full and on time in accordance with the procurement documents and project contractual agreements.

Article 24 Project financing is the responsibility of social capital or the project company. The social capital or project company shall carry out work such as financing plan design, institution contact, contract signing and financing delivery in a timely manner. The financial departments (government and social capital cooperation centers) and project implementation agencies should do a good job of supervision and management to prevent the transfer of corporate debt to the government.

If social capital or the project company fails to complete financing in accordance with the project contract, the government may withdraw the performance bond until the termination of the project contract; in the event of systemic financial risk or force majeure, the government, social capital or project company may negotiate and amend the relevant provisions of the contract according to the project contract agreement Financing Terms.

When the project has significant operational or financial risks that threaten or infringe on the interests of creditors, creditors may request social capital or project companies to improve management, etc., based on direct intervention agreements or terms with governments, social capital, or project companies. If within the time limit agreed in the direct intervention agreement or terms, major risks have been relieved, the creditor shall stop intervening.

Article 25 The government's payment obligations involved in the project contract shall be considered by the financial department in conjunction with the medium- and long-term financial planning, incorporated into the budget of the government at the same level, and implemented in accordance with relevant regulations on budget management. The financial department (government and social capital cooperation center) and the project implementing agency should establish government and social capital cooperation project government payment ledger to strictly control government financial risks. After the government's comprehensive financial reporting system is established, government payment obligations in government-social capital cooperation projects should be included in the government's comprehensive financial report.

Article 26 The project implementing agency shall supervise social capital or the project company in fulfilling its contractual obligations in accordance with the project contract, regularly monitor the project output performance indicators, prepare quarterly and annual reports, and report to the financial department (government and social capital cooperation center) for the record .

If the government has the obligation to pay, the project implementation agency shall pay the social capital or the project company in time and in full according to the actual output performance stipulated in the project contract, or directly notify the financial department. Where an excess income sharing mechanism is set up, social capital or the project company shall pay the government in full and timely to pay the excess income due to the project contract.

If the actual performance of the project is better than the agreed standard, the project implementation agency shall implement the award clause agreed in the project contract, and may use it as the basis for the project expiration contract. If the agreed standard is not reached, the project implementation agency shall implement the project contract agreement. Penalties or remedies.

Article 27 If social capital or a project company violates the project contract, threatens the continued stable and safe supply of public goods and services, or endangers national security and major public interests, the government has the right to temporarily take over the project until the project is terminated early.

The government may designate qualified institutions to implement temporary takeovers. All costs incurred for the temporary takeover of the project will be borne solely by the breaching party or shared by each responsible party in accordance with the project contract. The temporary takeover costs that social capital or the project company should bear can be deducted from the termination compensation it should receive.

Article 28 In the process of project contract implementation and management, the project implementation agency shall focus on work such as contract revision, liability for breach of contract, and dispute resolution.

(1) Contract amendments.

According to the conditions and procedures stipulated in the project contract, the project implementing agency and social capital or project company may submit an application for revising the project contract according to changes in conditions such as the socio-economic environment, the demand for public goods and services, and the structure of the project. .

(2) Liability for breach of contract.

If the project implementation agency, social capital, or project company fails to perform the obligations stipulated in the project contract, it shall bear the corresponding liabilities for breach of contract, including stopping infringement, eliminating impact, paying liquidated damages, compensating for losses, and terminating the project contract.

(3) Dispute resolution.

During the project implementation process, according to the project contract, the project implementation agency, social capital, or project company may apply for arbitration or file a civil lawsuit in accordance with the law on matters that have been disputed and cannot be agreed upon through negotiation.

Article 29 The project implementation agency shall conduct a mid-term evaluation of the project every 3-5 years, focusing on analyzing the project operation status and the compliance, adaptability and rationality of the project contract; timely assessing the risks of the problems found and formulating countermeasures , And report to the financial department (government and social capital cooperation center) for the record.

Article 30 Relevant government functional departments shall perform administrative supervision duties on the project in accordance with relevant national laws and regulations, focusing on public product and service quality, price and charging mechanisms, production safety, environmental protection, and labor rights.

If social capital or the project company is not satisfied with the administrative supervision decision of the government functional department, it may apply for administrative reconsideration or file an administrative lawsuit.

Article 31 The government, social capital or project company shall publicly disclose project-related information in accordance with law, guarantee the public's right to know, and accept social supervision.

Social capital or the project company should disclose information such as the quantity and quality of the project output, and the project's operating conditions. The government should disclose the contract terms, performance monitoring reports, mid-term evaluation reports, and major changes or terminations of government and social capital cooperation projects that do not involve state secrets or trade secrets.

If the public and project stakeholders find that the project is in violation of laws, breach of contract or public products and services are not up to standard, they may apply to the government functional department for supervision and inspection.

Chapter Six   Project transfer

Article 32 When the project is transferred, the project implementing agency or other government-designated agency will collect the project assets agreed on the project contract on behalf of the government.

The project contract should clearly stipulate the transfer form, compensation method, transfer content and transfer standard. The transfer forms include expiration termination and early termination transfers; compensation methods include free transfers and paid transfers; transfers include project assets, personnel, documents, and intellectual property rights; transfer standards include indicators of equipment integrity and minimum useful life.

“恢复相同经济地位”原则拟定补偿方案,报政府审核同意后实施。 In the case of paid transfer, the compensation plan should be clearly stipulated in the project contract; if there is no agreement or the agreement is not clear, the project implementing agency shall formulate a compensation plan in accordance with the principle of "recovering the same economic status" and submit it to the government for review and approval before implementation.

Article 33 The project implementing agency or other agency designated by the government shall establish a project transfer working group, confirm the transfer situation and compensation method with social capital or the project company according to the project contract, and formulate an asset evaluation and performance test plan.

The project transfer working group shall entrust an asset appraisal agency with relevant qualifications to conduct an asset appraisal of the transferred assets in accordance with the evaluation method agreed in the project contract as the basis for determining the compensation amount.

The project transfer working group shall perform performance tests on the transferred assets in strict accordance with the performance test plan and transfer standards. If the performance test results are not up to standard, the handover working group shall require the social capital or the project company to perform restorative repairs, update replacements, or extract the handover maintenance guarantee.

Article 34 The social capital or project company shall transfer the project assets, intellectual property rights and technical legal documents that meet the performance test requirements, together with the asset list, to the project implementing agency or other government-appointed agencies, and complete the legal transfer and management power transfer procedures. . Social capital or the project company shall cooperate with the work related to the smooth transition of project operations.

Article 35 After the transfer of the project is completed, the financial department (government and social capital cooperation center) shall organize the relevant departments to perform performance evaluation on the project output, cost-effectiveness, regulatory effectiveness, sustainability, application of the government and social capital cooperation model, etc. , And publicize the evaluation results in accordance with relevant regulations. The evaluation results serve as the reference basis for the government's decision-making on the cooperative management of government and social capital.

Chapter VII Supplementary Provisions

Article 36 This Operation Guide shall be implemented from the date of issuance and valid for 3 years.

Article 37 The Ministry of Finance is responsible for the interpretation of these operating guidelines.

Attachment: 1. Flow chart of government and social capital cooperation project operation

Terminology

Appendix 1 Flowchart of Government and Social Capital Cooperation Project Operation

Appendix 2 Terminology

1. Whole Life Cycle refers to the complete cycle of a project from design, financing, construction, operation, maintenance to termination of the transfer.

2. Output Specification refers to the economic and technical standards that the project assets should meet after the project is completed, as well as the delivery scope, standards and performance levels of public goods and services.

3. Value for money (VFM) refers to the long-term maximum benefit that an organization can obtain by using its available resources. VFM evaluation is an internationally adopted evaluation system that evaluates whether traditional public goods and services provided by the government can use the government and social capital cooperation model, and aims to optimize the efficiency of public resource allocation and utilization.

4. Public Sector Comparator (PSC) refers to the present value of the total cost of public goods and services provided by the government through the traditional procurement model during the entire life cycle. It mainly includes the net cost of construction operations and transferable risks. Cost, cost of retention of risk and cost of competitive neutral adjustment.

5. User Charge refers to the direct payment of public goods and services by end-consumer users.

6. Viability Gap Funding refers to the insufficient payment by users to meet the cost recovery and reasonable return of social capital or project companies, and the government in the form of financial subsidies, equity investment, preferential loans and other preferential policies, Financial subsidies to social capital or project companies.

7. Government Payment refers to the government's direct purchase of public goods and services, mainly including Availability Payment, Usage Payment, and Performance Payment.

Government payments are based on factors such as facility availability, product and service usage, and quality.

8. Operations & Maintenance (O & M) refers to the government and social capital cooperation project operation mode in which the government delegates the operation and maintenance responsibility of the existing public assets to social capital or the project company, and the social capital or project company is not responsible for user services. The government retains ownership of assets and only pays entrusted operating expenses to social capital or project companies. The duration of the contract generally does not exceed 8 years.

9. Management Contract (MC) refers to the project operation mode in which the government authorizes the operation, maintenance, and user service responsibilities of existing public assets to social capital or project companies. The government retains ownership of assets and only pays management fees to social capital or project companies. The management contract is usually used as a transition mode of transfer-operation-transfer, and the contract period generally does not exceed 3 years.

10. Build-Operate-Transfer (BOT), which refers to the design, financing, construction, operation, maintenance and user service responsibilities of new projects undertaken by social capital or project companies, and project assets and related after the contract expires The way in which rights, etc. are transferred to the government. The duration of the contract is generally 20-30 years.

11. Build-Own-Operate (BOO) evolved from the BOT method. The difference between the two is mainly that the social capital or the project company owns the project ownership under the BOO method, but it must be specified in the contract to ensure public welfare. Sexually binding clauses generally do not involve project expiration.

12. Transfer-Operate-Transfer (TOT) refers to the government's paid transfer of ownership of existing assets to social capital or project companies, which is responsible for operation, maintenance, and user services. After the contract expires, the assets and The way the project's ownership is transferred to the government. The duration of the contract is generally 20-30 years.

13. Rehabilitate-Operate-Transfer (ROT) refers to the operation mode of the project by the government on the basis of the TOT model to increase the content of reconstruction and expansion. The duration of the contract is generally 20-30 years.


3.4 About Issuing the "Administrative Measures on Government Procurement of Government and Social Capital Cooperation Projects"

announcement of

Treasury [2014] No. 215

Relevant departments of the Party Central Committee, ministries and commissions of the State Council, the General Office of the Standing Committee of the National People's Congress, the General Office of the National Committee of the Chinese People's Political Consultative Conference, the High Court, the Supreme People's Procuratorate, the relevant people's organizations, the provinces, autonomous regions, municipalities, and cities separately planned , Xinjiang Production and Construction Corps Finance Bureau, each centralized procurement agency:

In order to implement the State Council's Guiding Opinions on Encouraging Social Investment in Investment and Financing Mechanisms in Key Innovation Areas (Guo Fa [2014] No. 60), promote the government and social capital cooperation (PPPP) model, and regulate the government procurement behavior of PPPP projects, The Government Procurement Law of the People's Republic of China and relevant laws and regulations, the Ministry of Finance has formulated the "Administrative Measures on Government Procurement of Government and Social Capital Cooperation Projects". Is issued to you, please follow.

Annex: Government and Social Capital Cooperation Projects Government Procurement Management Measures

Ministry of Finance

December 31, 2014

Measures for the Administration of Government and Social Capital Cooperation Projects on Government Procurement

Chapter I General Provisions

First    In order to regulate the government procurement of government and social capital cooperation projects (hereinafter referred to as PPP project procurement), safeguard the national interests, social public interests, and the legitimate rights and interests of parties to government procurement, in accordance with the "People's Republic of China Law" (hereinafter referred to as the government procurement law) And relevant laws, administrative regulations, and departmental regulations to formulate these measures.

Article 2    The PPP project procurement referred to in these measures refers to the government's efforts to achieve a balance of rights and obligations and value for money PPP project contracts, follow the principles of openness, fairness, impartiality, and good faith, and complete the preliminary work of identifying and preparing PPP projects in accordance with relevant regulations Afterwards, the process of selecting social capital partners according to law. The PPP project implementing agency (purchaser) selects the cooperative social capital (supplier) during the project implementation process, and these measures apply.

Article 3    PPP project implementation agencies may entrust government procurement agencies to handle PPP project procurement matters. Where a PPP project consulting service agency engages in PPP project procurement business, it shall timely register online in accordance with the relevant requirements of the government procurement agency management.

Chapter two    Purchase procedure

Article 4 The procurement methods for PPP projects include public bidding, invitation to bid, competitive negotiation, competitive negotiation, and single-source procurement. The project implementing agency shall select an appropriate procurement method according to the characteristics of the procurement needs of the PPP project according to law. Open tendering is mainly applicable to projects that have clear and complete core boundary conditions and technical and economic parameters in procurement requirements, comply with national laws and regulations and government procurement policies, and do not change during the procurement process.

Article 5 Pre-qualification review shall be implemented for PPP project procurement. Project implementation agencies shall prepare pre-qualification documents, issue pre-qualification announcements, invite social capital and financial institutions that cooperate with them to participate in pre-qualification, and verify whether the project can obtain social capital response and achieve full competition.

Article 6 The pre-qualification announcement shall be published on the government procurement information distribution media designated by the financial department of the people's government at or above the provincial level. If the prequalified social capital has changed its qualifications before signing a PPP project contract, it shall notify the project implementation agency.

The pre-qualification announcement shall include the project authorization subject, the project implementation agency and project name, procurement requirements, qualification requirements for social capital, whether to allow the consortium to participate in procurement activities, whether to limit the amount of qualified social capital to participate in competition, and the methods and standards to be qualified. , And the time and place for submission of prequalification application documents by social capital. The time for submitting prequalification application documents shall not be less than 15 working days from the date of announcement.

Article 7    Project implementation agencies and procurement agencies shall set up review teams to be responsible for pre-qualification review and review of PPP project procurement. The review team consists of a singular number of more than 5 representatives from the project implementation agency and review experts, and the number of review experts must not be less than 2/3 of the total number of members of the review team. The reviewing experts may be selected by the project implementation agency itself, but the reviewing experts shall include at least one financial expert and one legal expert. Representatives of the project implementation agency shall not participate in the review of the project as review experts.

eighth    If the project has more than 3 social capitals that have passed the pre-qualification, the project implementation agency can continue to prepare for procurement documents; if the project has less than 3 social capitals that have passed the pre-qualification, the project implementation agency should reorganize the pre-qualification after adjusting the content of the pre-qualification announcement ; If the qualified social capital is not enough for the project after re-qualification, the procurement method may be changed according to law.

The pre-qualification results shall inform all social capitals participating in the pre-qualification review, and submit the pre-qualification review report to the financial department (government and social capital cooperation center) for the record.

Article 9    Project procurement documents shall include procurement invitations, competitor notices (including seals, signatures, seal requirements, etc.), competitor's qualifications, credit and performance certification documents, procurement methods, government authorization to the project implementing agency, and implementation plans. Approval and project-related approval documents, procurement procedures, response document preparation requirements, deadline for submission of response documents, opening time and place, amount and form of deposit payment, evaluation methods, evaluation standards, government procurement policy requirements, draft PPP project contracts, and other laws The text, the details of the project results in the negotiation of the confirmation of the procurement results, and whether the suppliers who have not participated in the pre-qualification are allowed to participate in competition and post-qualification. The project procurement documents should also specify that the project contract must be reported to the people's government at the same level for review and approval, and the project contract must not take effect until the consent is obtained.

In the case of competitive negotiation or competitive negotiation procurement, in addition to the content specified in the preceding paragraph, the project procurement documents shall also specify the content of the review team that may substantially change according to the negotiation with social capital, including the technical and service requirements in procurement requirements. And draft project contract terms.

Article 10    The project implementation agency shall specify the policy requirements for the procurement of domestic goods and services, technology introduction and transfer, and guarantee requirements for social capital participation in procurement activities and performance guarantees in the pre-qualification announcement, procurement announcement, procurement documents, and project contracts.

Article 11    The project implementing agency shall organize social capital to conduct on-site inspections or pre-purchase Q & A sessions, but shall not separately or separately organize on-site inspections and Q & A sessions with only one social capital participating. The project implementation organization may, according to the specific conditions of the project, organize an inspection and verification of the qualifications of the qualified social capital.

Article 12 The members of the review team shall conduct prequalification review and independent review in accordance with the principles of objectivity, fairness, and prudence, in accordance with the procedures, methods, and standards specified in the prequalification announcement and procurement documents. If pre-qualification has been conducted, the review team may no longer conduct qualification review on social capital during the review stage. Where post-qualification review is permitted, the review team will conduct a qualification review of social capital during the review of the response document.

The members of the review team shall sign the pre-qualification report and review report, and bear legal responsibility for their review opinions. If there is any objection to the pre-qualification report or evaluation report, they shall sign different opinions on the report and explain the reasons, otherwise they shall be deemed to agree with the pre-qualification report and evaluation report.

If the review team finds that the contents of the procurement documents violate relevant national mandatory regulations, it shall stop the review and explain the situation to the project implementation agency.

Article 13 The review experts shall abide by the review work discipline, and shall not disclose the state of the review and the state secrets and business secrets learned during the review.

In the course of the review, the review team finds that social capital has committed illegal acts such as bribery, provision of false materials, or collusion, etc., and shall report it to the financial department in a timely manner.

The review experts who have been illegally interfered in the review process shall report to the finance and supervision departments in a timely manner.

Article 14    After the PPP project procurement review is over, the project implementing agency shall establish a special procurement results confirmation negotiation working group, which is responsible for the negotiations before the confirmation of the procurement results and the final confirmation of the procurement results.

The members and number of the negotiation team for the confirmation of the procurement results shall be determined by the project implementation organization, but shall include at least representatives of the financial budget management department, the industry competent department, and financial and legal experts. In the case of PPP projects involving price management and environmental protection, the negotiating working group shall also include representatives of price law enforcement and environmental protection administrative law enforcement agencies. Members of the review team can participate in the procurement results confirmation negotiation as members of the procurement results confirmation negotiation working group.

Article 15 The working group for the confirmation of the negotiation of procurement results shall, in accordance with the candidate social capital ranking recommended in the review report, conduct confirmation negotiations with the candidate social capital and the financial institutions with which it cooperates before the project contract is signed. The first candidate social capital to reach an agreement is the pre-bid and transaction social capital.

Article 16 It is confirmed that the negotiation shall not involve the non-negotiable core clauses in the project contract, and shall not repeat the negotiation with the social capital that has been sorted before but has terminated the negotiation.

Article 17   The project implementing agency shall sign a confirmation memorandum of understanding with the pre-bid and deal social capital within 10 working days after the pre-bid and deal social capital is confirmed, and shall pre-bid, conclude the transaction and according to the procurement documents, response documents and related addendum documents and Confirm that the text of the project contract prepared by the negotiation memorandum is publicized on the government procurement information release media designated by the financial department of the people's government at or above the provincial level, and the publicity period shall not be less than 5 working days. The text of the project contract shall include the pre-bid, important commitments and technical documents in the social capital response document as attachments. The contents of the project contract texts involving state secrets and commercial secrets may not be publicly disclosed.

Article 18    The project implementing agency shall, within 2 working days after the expiry of the publicity period, announce the winning bid and transaction results on the government procurement information publication media designated by the financial department of the people's government at or above the provincial level, and issue a winning bid and transaction notice.

The content of the announcement of the winning bid and transaction results shall include: the name, address and contact information of the project implementing agency and procurement agency; the project name and project number; the name, address, and legal representative of the winning or closing social capital; Winning bids or closing conditions (including but not limited to the duration of cooperation, service requirements, project estimates, return mechanisms), etc .; the review team and the procurement results confirm the list of members of the negotiation working group.

Article 19    The project implementation agency shall, within 30 days after the issuance of the bid and transaction notice, sign a PPP project contract with the bidding and transaction social capital that has been reviewed and approved by the people's government at the same level.

If a special project company needs to be established for a PPP project, after the project company is established, the project company and the project implementation agency will re-sign the PPP project contract or sign a supplementary contract for inheriting the PPP project contract.

Article 20   The project implementation agency shall announce the PPP project contract on the media of government procurement information designated by the financial department of the people's government at or above the provincial level within 2 working days from the date of signing the PPP project contract, but the PPP project contract involves state secrets, business Except secret content.

Article 21 The project implementing agency shall require social capital in the procurement documents to pay security deposits and performance bonds for participating in procurement activities. Social capital shall pay the deposit in the form of non-cash, such as checks, money orders, promissory notes or guarantees issued by financial institutions and guarantee institutions. The amount of security deposit to participate in procurement activities shall not exceed 2% of the project budget amount. The amount of performance bond must not exceed 10% of the total initial investment of the PPP project or the assessed value of the asset. For service-oriented PPP projects without fixed asset investment or a small investment, the amount of performance bond must not exceed the average 6-month service income.

third chapter    Dispute resolution and supervision

Article 22    Inquiries, queries and complaints about procurement activities by social capital participating in PPP project procurement activities shall be implemented in accordance with the relevant government procurement laws and regulations.

If the project implementing agency and the successful bidder or the contracted social capital have disputes in the performance of the PPP project contract and cannot reach consensus, they may apply for arbitration or file a civil lawsuit.

Article 23    The financial departments of the people's governments at all levels shall strengthen the supervision and inspection of the procurement activities of PPP projects, and handle illegal and illegal activities in procurement activities in accordance with the law.

Article 24    Any unit or person involved in PPP project procurement who commits illegal activities in procurement activities shall be investigated for legal responsibility in accordance with the Government Procurement Law and relevant laws and regulations.

Chapter Four    Supplementary clause

Article 25    These Measures shall be implemented as of the date of promulgation.


3.5 Guidance on Further Promoting the Dynamic Monitoring of Local Budget Implementation Treasury [2015] No. 73

Provinces (autonomous regions), municipalities directly under the Central Government, cities with separate plans, and the Finance Bureau of the Xinjiang Production and Construction Corps:

Dynamic monitoring of budget execution is an important part of fiscal treasury management. Doing this work is of great significance for hardening budget constraints, ensuring the safety of financial funds, promoting the implementation of policies and measures, and scrupulizing the law of financial brokerage. Since the publication of the "Guiding Opinions on Accelerating the Establishment of a Dynamic Monitoring Mechanism for Local Budget Implementation" (Cai Ku [2009] No. 70) issued by the Ministry of Finance, with the joint efforts of financial departments at all levels, the dynamic monitoring of local budget execution has significantly accelerated and achieved greater progress. Progress and effectiveness. However, in general, there are problems such as uneven progress in various places, incomplete working mechanisms, and insufficient application of information technology means. In order to further promote the dynamic monitoring of local budget execution under the new situation, the following guidance is proposed:

I. General requirements

(1) Guiding ideology.

According to the requirements of the reform of the budget management system and the modern state treasury system, it is necessary to effectively perform the duties of performing budgetary dynamic monitoring, improve the dynamic monitoring system, improve the method of dynamic monitoring, expand the scope of dynamic monitoring, strengthen the functions of prevention, correction, deterrence, and reflection, and establish the entire payment process of fiscal funds The dynamic monitoring mechanism guarantees strict budgetary implementation, compliance and transparency in the use of fiscal funds, and the implementation of financial policies and measures, and plays a greater role in fiscal management.

(2) Basic principles.

1. Cooperate with each other and advance together. The local financial department should establish a clear and efficient working cooperation mechanism with clear powers and responsibilities, which will be jointly participated by the relevant departments, to form a joint supervision force to ensure the smooth progress of the work.

2. Provincial planning and overall implementation. Provincial financial departments should do a good job planning and specific arrangements for their provinces (autonomous regions, municipalities), and clarify overall requirements, tasks and measures; lower-level financial departments should determine dynamic monitoring modes and operating procedures based on higher-level requirements and local realities.

3. Comprehensive coverage and focus. Deepen the reform of the central treasury payment system and bring all financial funds into the dynamic monitoring scope as soon as possible. Strengthen capital monitoring of key units, major projects and important areas, and improve the relevance and effectiveness of dynamic monitoring.

4. Innovative means, strict economy. Work should be carried out in conjunction with the promotion and implementation of the Golden Finance Project application support platform, the integration of electronic treasury management, and the integration of information systems to avoid duplication of construction and waste of resources.

(3) Overall goals.

The financial departments at or above the county level (including counties) and qualified township and town financial departments should establish a dynamic budget monitoring mechanism before the end of 2016 to extend the scope of dynamic monitoring to all fiscal funds and all budget units. Towns and towns that do not have the conditions for the time being should actively create conditions and carry out dynamic monitoring of budget execution as soon as possible. By 2018, a dynamic budget monitoring and implementation system covering all levels of finance with efficient early warning, rapid feedback, timely correction, and effective control will be established.

Second, the main task

(1) Speed up the construction of the system.

Improve rules and regulations, and strengthen monitoring according to law. According to the actual situation, referring to the "Interim Measures for the Dynamic Monitoring and Management of the National Treasury of the Central Finance" (Caiku [2013] No. 217), formulate the dynamic monitoring and management measures for the implementation of the local budget, and clarify the monitoring subject, monitoring content, verification methods, and violation handling; According to the monitoring work content and business links, formulate internal operating procedures, streamline work functions, optimize job settings, and promote the institutionalization and standardization of monitoring work.

Strictly implement the rules and regulations, avoid the system regulations to be in the form, and truly implement strict enforcement and violations; do a good job of system publicity work, so that leaders and staff responsible for financial work in all departments and units understand the dynamic monitoring Provisions should be made to strengthen the responsibility of the main body of the budget implementation to ensure that monitoring work achieves effective results and influence.

(2) Improve the working mechanism.

1. Improve the dynamic monitoring operation mechanism. Through the dynamic monitoring system, monitor the payment of financial funds throughout the process, verify early warning suspects in time, in-depth verification of major issues, promptly correct verification problems, strictly deal with violations, immediately report violations, track and rectify problems, strengthen case warning education, and form prior events The monitoring mode of fund payment which is effectively controlled and followed up afterwards is used.

2. Establish a multi-level interaction mechanism. Actively establish an interactive monitoring mechanism with the budget department's competent department and agent bank, and use information technology to make the monitoring and inspection known to all parties, mobilize the competent department to strengthen the enthusiasm of budget execution supervision, and promote more scientific and standardized budget preparation and budget execution.

3. Establish a monitoring information reporting mechanism. Through the establishment of weekly, monthly, quarterly, annual reports and special reports, etc., comprehensive analysis and timely feedback of the problems and conditions found in the monitoring are provided to provide decision-making references for leaders.

4. Establish a mechanism for handling violations. During the monitoring process, if any violation is found in the budget unit and the correspondent bank, it shall be dealt with in a timely manner within the scope of its duties in accordance with relevant laws, regulations and rules. If it is suspected of a serious violation of rules and regulations, it shall be transferred to the relevant department for processing. Frequent violations will be reported in an appropriate manner.

(3) Strengthen technical support.

“一体化、标准化、智能化、自动化”指导思想,组织实施辖区内预算执行动态监控系统(或模块)建设,充分利用预算指标、项目库、银行账户、用款计划、资金支付、会计核算等数据信息,提高系统(或模块)预警能力和分析水平,达到动态即时、智能预警、综合分析等核心主体功能目标。 Provincial financial departments should, based on the financial and financial engineering application support platform, organize the implementation of the construction of a budget execution dynamic monitoring system (or module) in accordance with the guiding principles of "integration, standardization, intelligence, and automation", and make full use of budget indicators and project libraries. Data such as bank accounts, payment plans, fund payments, accounting, etc., to improve the system (or module) early-warning capability and analysis level, and to achieve dynamic core real-time, intelligent early-warning, comprehensive analysis and other core main functional goals.

(4) Increase monitoring efforts.

1. Expand the scope of dynamic monitoring. Based on the dynamic monitoring of zero balance account funds, the special financial account funds, the actual funds of budget units, and transfer payment funds will be gradually included in the dynamic monitoring scope, and the dynamic monitoring scope will eventually be extended to all financial funds and all budget units. .

2. Strengthen internal control of the treasury. “双安全”。 Accelerate the construction of internal control of the fiscal treasury, carefully clarify the business processes and risk points of the treasury, improve the control method of receipts and payments, establish a scientific and standardized internal management system, a clear job division mechanism and supervision and inspection procedures, and ensure that financial funds and fiscal treasury officials Safety".

3. Carry out key monitoring and verification. “三公”经费、会议费、培训费、现金支出、科研经费、民生项目资金以及对下级政府转移支付资金使用等方面动态监控,加大现场核查力度,促进厉行节约和规范管理,严肃财经纪律,保障政策措施贯彻落实。 Focusing on the spirit of the relevant central and local regulations and decision-making deployment, we will strengthen the dynamic monitoring of the "three public" funds, conference fees, training fees, cash expenditures, scientific research funds, people's livelihood project funds, and the use of transfer payment funds from lower-level governments, and strengthen on-site verification Promote strict economy and standardized management, strictly enforce the law of financial brokerage, and ensure the implementation of policies and measures.

Third, safeguard measures

(1) Strengthen organizational leadership.

Financial departments at all levels should attach great importance to and actively promote the dynamic monitoring of budget execution, clarify job responsibilities, timely study and solve outstanding problems encountered in the work, and use the monitoring results as important basis for the preparation of the next year's budget and the establishment of financial fund management systems. . Develop a work plan suitable for local conditions, determine a timetable and roadmap, and complete tasks.

(2) Strengthen team building.

According to the actual situation, optimize the allocation of treasury posts, strengthen business training, and improve comprehensive capabilities and levels. “不相容职务分离”原则,选择具备较高政治素质和业务素质、作风过硬的国库业务干部兼职动态监控工作。 In principle, provincial and municipal financial departments should set up special treasury monitoring posts and assign special personnel to be responsible for daily dynamic monitoring work; county and township financial departments can choose to have higher political and business qualities and work styles in accordance with the principle of "incompatible job separation". Excellent treasury business cadre part-time dynamic monitoring work.

(3) Strengthen supervision.

Strengthen the supervision of the dynamic monitoring work in the area under its jurisdiction, and take various forms to support and guide the lower-level financial departments to carry out their work according to local conditions. Provincial financial departments should report the work plan of the province (region, city) to the Ministry of Finance for record before July 1, 2015; from 2015 to 2018, report the progress of work in the province (region, city) to the Ministry of Finance before the end of October each year. . The Ministry of Finance will track the progress of work in various places, conduct supervision and evaluation in an appropriate manner, and ensure that the overall goal is successfully achieved.

Ministry of Finance

March 26, 2015

3.6 Notice of the Ministry of Finance on Printing and Distributing the "Guidelines for Demonstrating the Financial Ability of Government and Social Capital Cooperation Projects"   

2015 21 Cai Jin [ 2015 ] No. 21

Provinces (autonomous regions), municipalities directly under the Central Government, cities with separate plans, and the Finance Bureau of the Xinjiang Production and Construction Corps:

According to the "State Council's Guiding Opinions on Encouraging Social Investment in Investment and Financing Mechanisms in Innovative Key Areas" (Guo Fa [2014] No. 60), and the "Notice of the Ministry of Finance on Promoting the Use of Government and Social Capital Cooperation Models" (Cai Jin [2014] No. 76) and "Notice of the Ministry of Finance on Printing and Distributing the Operational Guidelines for Government and Social Capital Cooperation Models (Trial)" (Cai Jin [2014] No. 113), for the orderly promotion of government-social capital cooperation PPP) project implementation, to ensure the government to effectively fulfill its contractual obligations, effectively prevent and control financial risks, and now issue the "Guidelines for Demonstrating Financial Ability of Government and Social Capital Cooperation Projects". Please follow it.

Attachment: Guidelines for Demonstrating Financial Ability of Government and Social Capital Cooperation Projects

Ministry of Finance

April 7, 2015

annex:

Guidance on Demonstration of Financial Ability of Government and Social Capital Cooperation Projects

Chapter I General Provisions

Article 1 According to the "Budget Law of the People's Republic of China", "Opinions of the State Council on Strengthening the Management of Local Government Debts" (Guo Fa [2014] No. 43), "Decision of the State Council on Deepening the Reform of the Budget Management System" (Guo Fa [2014 ]] No. 45), "Guiding Opinions of the State Council on Encouraging Social Investment in Investment and Financing Mechanisms in Innovative Key Areas" (Guo Fa [2014] No. 60), "Notice of the Ministry of Finance on Promoting the Use of Government and Social Capital Cooperation Models" (Finance Jin [2014] No. 76) and the "Ministry of Finance Notice on Printing and Distributing the Operational Guidelines for the Cooperative Model of Government and Social Capital (Trial)" (Cai Jin [2014] No. 113) and other relevant regulations have formulated these guidelines.

Article 2 The “financial affordability argument” referred to in these Guidelines refers to the identification and measurement of fiscal expenditure responsibilities of government and public-private partnership (hereinafter referred to as PPP) projects, and the scientific assessment of project implementation on current and future fiscal expenditures This will provide a basis for financial management of PPP projects.

Article 3. The demonstration of the financial affordability of a PPP project is an important guarantee for the government to fulfill its contractual obligations, which is conducive to standardizing the management of PPP project financial expenditures, promoting the orderly implementation of the project, effectively preventing and controlling financial risks, and achieving sustainable PPP development.

Article 4 The demonstration of fiscal carrying capacity adopts quantitative and qualitative analysis methods, adheres to reasonable forecasting, openness and transparency, and strict control, co-ordinates and handles the current and long-term relationship, and strictly controls the fiscal expenditure scale of PPP projects.

“通过论证”和“未通过论证”。 Article 5 The conclusions of the financial affordability argument are divided into "passed argument" and "failed argument". For projects that have passed the demonstration, financial departments at all levels should incorporate the project's financial expenditure responsibilities into overall budget arrangements when preparing annual budgets and mid-term financial plans. For projects that have not passed the demonstration, the PPP model should not be adopted.

Article 6 The financial departments (or PPP centers) at all levels are responsible for organizing the demonstration of the financial affordability of PPP projects within the administrative region. Provincial financial departments are responsible for collecting statistics on the fiscal expenditure responsibilities of all PPP projects in the administrative area, and supervising and managing the preparation and implementation of fiscal budgets.

Article 7 The financial department (or PPP center) shall, together with the competent department of the industry, jointly carry out the work of demonstrating the financial affordability of PPP projects. When necessary, professional intermediary agencies can be employed to assist through government procurement.

Article 8 The financial departments (or PPP centers) at all levels shall, based on the conclusion of the demonstration of financial affordability, work with the relevant departments to coordinate and complete the whole life cycle management of project planning, design, procurement, construction, operation, and maintenance.

Chapter II Responsibility Identification

Article 9 The financial expenditure responsibilities of a PPP project throughout its life cycle mainly include equity investment, operating subsidies, risk-taking, and supporting inputs.

Article 10 The responsibility for equity investment expenditure refers to the equity investment expenditure responsibility assumed by the government in the case where the government and social capital jointly establish a project company. If social capital forms a project company separately, the government will not bear the responsibility for equity investment expenditure.

Article 11 The responsibility for operating subsidy expenditure refers to the direct payment responsibility assumed by the government during the project operation period. Under different payment models, the government has different responsibilities for operating subsidy expenditures. Under the government payment model, the government is responsible for all operating subsidy expenditures; under the feasibility gap subsidy model, the government is responsible for part of the operating subsidy expenditures; under the user payment model, the government is not responsible for operating subsidy expenditures.

Article 12 The risk-bearing expenditure responsibility refers to the financial contingent expenditure responsibility brought by the government to bear the risk in the project implementation plan. Legal risks, policy risks, minimum demand risks, and termination of project contracts due to government reasons usually result in fiscal contingent liability.

Article 13 The responsibility for supporting input expenditures refers to other input responsibilities such as supporting projects provided by the government, usually including land acquisition and reorganization, supporting measures for the construction of certain projects, completion of the project, docking with existing related infrastructure and utilities, and investment subsidies. , Loan discount, etc. The supporting input expenditures shall be reasonably determined in accordance with the project implementation plan.

Chapter III Expenditure Measurement

Article 14 The financial department (or PPP center) shall comprehensively consider the characteristics, scenarios and probability of occurrence of various types of expenditure responsibilities, and separately measure the financial expenditure responsibilities over the entire life cycle of the project.

Article 15 The equity investment expenditure shall be reasonably determined in accordance with the project capital requirements and the equity structure of the project company. The input of physical objects such as land or intangible assets in the liability for equity investment expenditures shall be evaluated in accordance with the law and the value shall be reasonably determined. The calculation formula is:

×政府占项目公司股权比例 Equity investment expenditure = project capital × government's share of equity in the project company

Article 16 Expenses for operating subsidies shall be reasonably determined in accordance with project construction costs, operating costs and profit levels, and shall be measured separately according to different payment models.

For government-paid projects, the government assumes full direct payment responsibility during the period of project operation subsidy. The government's annual direct payment includes: the annual average construction cost (converted into the annual present value), the annual operating cost, and the reasonable profit borne by the social capital party. The calculation formula is:

For projects with a feasibility gap subsidy model, the government bears some direct payment responsibilities during the project operation subsidy period. The government's annual direct payment includes: the annual average construction cost (converted to the current value of each year), the annual operating cost and reasonable profit borne by the social capital party, minus the annual user payment. The calculation formula is:

n represents the number of discounted years. The period of financial operation subsidy refers to the number of years that the financial operation subsidy is provided.

Article 17 The annual discount rate shall take into account the year in which the fiscal subsidy is incurred, and shall be reasonably determined with reference to the yield of local government bonds during the same period.

Article 18 The reasonable profit rate shall be determined on the basis of the medium and long-term loan interest rate of a commercial bank, taking fully into account the different scenarios of payment for availability, payment for use, and payment for performance, taking into account factors such as risk.

Article 19 In calculating the operating subsidy expenditure, full consideration shall be given to the impact of changes in reasonable profit margins on operating subsidy expenditure.

Article 20 The pricing and adjustment mechanism in the implementation plan of a PPP project is usually linked to factors such as the consumer price index and the labor market index, which will affect the operating subsidy expenditure liability. Under the feasibility gap subsidy model, the operating subsidy expenditure liability is affected by the amount of user payments, and the amount of user payments varies due to pricing and price adjustment mechanisms. In calculating the amount of operating subsidy expenditure, the impact of pricing and price adjustment mechanisms should be fully considered.

Article 21 Expenditure for risk taking shall fully consider the probability of various types of risks occurring and the expenditure responsibilities brought about by it. It may be calculated by the proportion method, scenario analysis method and probability method. If the PPP contract stipulates that the first beneficiary of the insurance compensation is the government, the risk-bearing expenditure shall be the net amount of the amount of such risk compensation.

Proportional method. In the case where it is difficult to accurately calculate the amount and probability of various types of risk expenditure, the risk expenditure can be determined according to a certain percentage of the total construction cost of the project and the operating cost within a certain period.

Scenario analysis. “基本”、“不利”及“最坏”等情景假设,测算各类风险发生带来的风险承担支出。 In the case where the amount of various types of risk expenditures can be measured, but the probability of occurrence is difficult to determine, scenarios such as "basic", "adverse" and "worst" can be made for various types of events and variables that affect risk, and various types of risks can be measured Incurred risk-bearing expenses. The calculation formula is:

×基本情景出现的概率+ 不利情景下财政支出数额 ×不利情景出现的概率+ 最坏情景下财政支出数额 ×最坏情景出现的概率 Amount of risk expenditure = Amount of financial expenditure in basic scenario × Probability of basic scenario + Amount of financial expenditure in adverse scenario × Probability of adverse scenario + Amount of financial expenditure in worst scenario × Probability of worst scenario

Probability method. In the case where the amount of various types of risk expenditures and the probability of occurrence can be measured, all variable risk parameters can be used as variables, and the risk expenditures caused by various risks can be calculated according to the probability distribution function.

Article 22 The responsibility for supporting input and expenditure shall take into account the total cost of other supporting inputs to be provided by the government and the expenses paid by the social capital party for this. Land and other physical inputs or intangible asset inputs in the supporting input expenditure responsibility shall be evaluated according to law and the value shall be reasonably determined. The calculation formula is:

Amount of supporting input expenditure = total cost of other inputs to be provided by the government-fees paid by social capital

Chapter 4 Capability Assessment

Article 23 After the financial department (or PPP center) identifies and measures the financial expenditure responsibilities of a single project, it summarizes all the PPP projects that have been implemented and planned to be implemented in the year, and evaluates the financial affordability.

Article 24 The assessment of fiscal affordability includes the assessment of fiscal expenditure capacity and the assessment of the balance of industries and fields. Fiscal expenditure capacity assessment is based on the PPP project budget expenditure responsibilities, assessing the impact of PPP project implementation on current and future annual fiscal expenditures; industry and sector equilibrium assessment is based on the scope of industries and sectors to which the PPP model applies, and economic and social development needs To balance public demand for public services, balance PPP projects in different industries and fields, and prevent PPP projects in a certain industry and field from becoming too concentrated.

Article 25 The expenditure responsibilities for all PPP projects in each year need to be arranged from the budget, which shall not exceed 10% of the general public budget expenditure. Provincial financial departments may determine specific proportions according to local conditions and local conditions, and report them to the Ministry of Finance for record and make them public at the same time.

Article 26 Encourage high-risk areas listed on the early warning list of local government debt risks to adopt the PPP model to resolve the stock debt of local financing platform companies. At the same time, prudently control the scale of newly-built PPP projects to prevent intensified fiscal revenue and expenditure contradictions due to project implementation.

Article 27 When assessing fiscal expenditure capacity, the amount of general public budget expenditure in future years may be calculated with reference to the average value and average growth rate of relevant amounts in the previous five years, and adjusted appropriately according to actual conditions.

“通过论证”且经同级人民政府审核同意实施的PPP项目,各级财政部门应当将其列入PPP项目目录,并在编制中期财政规划时,将项目财政支出责任纳入预算统筹安排。 Article 28 For PPP projects that have "passed the argument" and have been approved by the people's government at the same level, financial departments at all levels should include them in the PPP project directory, and include the financial expenditure responsibilities of the project in the budget when preparing the medium-term financial plan. Co-ordinate arrangements.

Article 29 When a contract is formally signed for a PPP project, the financial department (or PPP center) shall review the contract to ensure that the content of the contract is consistent with the argument of fiscal affordability, and to prevent major changes in fiscal expenditure responsibilities due to the adjustment of the contract content. The financial department shall strictly implement the contract, handle payment procedures in a timely manner, effectively maintain the credit of local governments, and ensure the effective supply of public services.

Chapter V Information Disclosure

Article 30 Provincial financial departments shall compile project catalogs in the region and report to the Ministry of Finance in a timely manner, and the Ministry of Finance shall publish it through the unified information platform (PPP center website).

Article 31 Financial departments (or PPP centers) at all levels shall regularly disclose local PPP project catalogs, project information, and financial expenditure responsibilities through official websites and newspapers and periodicals. The financial expenditure responsibility information that should be disclosed includes: the amount of financial expenditure responsibility for PPP projects and the annual budget arrangement, and the main factors and indicators considered in the demonstration of fiscal affordability.

Article 32 After the project is implemented, the financial departments (or PPP centers) at all levels should follow up and understand the operation of the project, including information such as project usage, costs, and evaluation indicators, and release it regularly.

Chapter VI Supplementary Provisions

Article 33 The financial department shall, in accordance with the accrual-based accounting principle, make accounting calculations on the government's asset investment in PPP projects and government-related project assets, and reflect it in government financial statistics and government financial reports; Realization of accounting principles, accounting for budget income and expenditures related to PPP projects, and reflected in the government accounts report.

Article 34 These Guidelines shall be implemented as of the date of issuance.

Attached:

Flow chart of PPP project financial affordability demonstration

3.7 About Issuing the " Administrative Measures for Local Government General Bond Budgets in 2015 "

announcement of

Caiyu [2015] No. 47

Provinces, autonomous regions, municipalities directly under the Central Government, and cities separately planned:

In order to standardize the budget management of general bonds of local governments and improve the efficiency of the use of general bond funds, in accordance with the Budget Law and the State Council's Opinions on Strengthening the Management of Local Government Debts (Guo Fa [2014] No. 43), our Ministry formulated the "2015 Measures for the Administration of General Bond Budgets of Local Governments. Is now issued, please implement it carefully.

Ministry of Finance

April 10, 2015

annex:

2015 Local Government General Bond Budget Management Measures

Chapter I General Provisions

Article 1 In order to regulate the budget management of local government general bonds in 2015, these measures are formulated in accordance with the Budget Law and the State Council's Opinions on Strengthening Local Government Debt Management (Guo Fa [2014] No. 43).

Article 2 The 2015 local government general bonds referred to in these measures include new general bonds issued for the addition of general debts from January 1, 2015, and replacement general bonds issued for the replacement of existing general debts as of December 31, 2014. Bonds (including ordinary bonds issued by the Bank to repay local government bonds due in 2015).

Article 3 The general bonds issued by the governments of provinces, autonomous regions and municipalities directly under the Central Government (hereinafter referred to as provincial governments) shall not exceed the size of the general bonds in the region determined by the State Council.

Article 4 The income of general bonds, the expenses of arrangements, the repayment of principal and interest, and the issuance expenses are included in the general public budget management.

Article 5 The governments of provinces, autonomous regions, and municipalities directly under the Central Government are the main issuers of general bonds, and the specific issuance is the responsibility of the provincial financial department. Where municipal and county governments really need to issue general bonds, they should be incorporated into the scale of general bonds of the province, autonomous region, and municipality directly under the Central Government, be issued by the provincial financial department, and handle the principal and interest payments uniformly. With the approval of the provincial government, municipal governments that plan to list separately can issue general bonds on their own.

Chapter II Budget Preparation and Adjustment

Article 6 The Ministry of Finance shall, within the scale of borrowing debts approved by the National People ’s Congress or its Standing Committee, calculate the scale of new general bonds and replacement of general bonds in different regions based on objective factors, and issue them to the provincial financial departments after approval by the State Council.

Article 7 Within the scale of the new general bonds issued by the Ministry of Finance, the provincial financial department puts forward proposals for the allocation of new general bonds, prepares a budget adjustment plan, and submits it to the provincial people's congress for approval after the provincial government agrees. If there are new scales allocated to the city and county level, within the new scale of general bonds at the city and county level approved by the Standing Committee of the Provincial People's Congress, a proposal for the allocation of new scale of general bonds by city and county should be submitted and submitted to the provincial government for approval Issued to municipal and county financial departments.

Within the scope of the replacement of general bonds issued by the Ministry of Finance, the provincial financial department proposes the allocation of the replacement general bond size and, after approval by the provincial government, distributes the provincial departments and the municipal and county financial departments.

Article 8 Within the scale of newly-added general bonds issued by the provincial-level financial department, the city-county-level financial department shall prepare a budget adjustment plan and submit it to the standing committee of the people's congress for approval after approval by the government at the corresponding level.

Within the scale of the replacement of general bonds issued by the provincial-level financial department, the municipal and county-level financial departments put forward suggestions on the allocation of the replacement of general bonds, and submitted them to the government at the same level for approval.

“支出大于收入的差额”反映。 Article 9 Provincial or municipal and county governments using newly increased general bond funds shall reflect the “increased balance of expenditure over incomeunder the total income line when preparing the general public budget adjustment plan .

Article 10 The project expenditure of the general bond income arrangement shall be reflected on the general public budget expenditure total line according to the project expenditure of the debt fund to be used, according to the general public budget expenditure account corresponding to the general bond fund use direction.

Article 11 Expenditure on general bond interest is reflected on the corresponding subjects of the general public budget expenditure total line according to the general bond issuance scale and interest rate.

Article 12 Expenditure on general bond issuance is reflected on the corresponding subjects of the general public budget expenditure total line according to the general bond issuance scale and rate.

Chapter III Budget Subjects

Article 13 The relevant contents of the "Government Revenue and Expenditure Classification Subjects of 2015" are revised, and related general public budget revenue and expenditure classification subjects are added or adjusted to fully reflect the revenue, arrangement expenditure, principal and interest payment, and issuance expenses of local government general bonds , Refinancing, etc.

“地方政府债券收入(1050104 ”项级科目。 Article 14 The item "Local Government Bond Revenue (1050104 ) " is deleted . ”款级科目下增设“一般债务收入(1050401 ”项级科目,科目说明为“反映地方政府取得的一般债务收入”。 Under the "Local Government Debt Income (10504 ) " section-level subject, a "General Debt Income (1050401 ) " level subject was added, and the subject description was "Reflect the general debt income obtained by the local government".

“地方政府债务还本支出(23102 ”款级科目下增设“一般债务还本支出(2310201 ”项级科目,科目说明为“反映地方政府用于归还一般债务本金所发生的支出”。 Article 15 Under the "Local Government Debt Repayment Expenditure (23102 ) " section-level subject, an additional item of "General Debt Repayment Expenditure (2310201 ) " is added. The subject description is "Reflecting the Local Government's Repayment of General Debt Principals." Expenditures incurred. " ”,科目说明为“反映地方政府用于归还一般债券本金所发生的支出”;“地方政府其他一般债务还本支出(231020104 ”,科目说明为“反映地方政府用于归还其他一般债务本金所发生的支出”。 There are two additional subjects at the heading level: "Local Government General Bond Repayment Expenditure (231020101 ) ". The subject description is "Reflect the expenditure incurred by the local government to repay the principal of the general bond"; "Local government other general debt repayment Expenditure (231020104 ) ", the account description is" reflects the expenditure incurred by the local government to return the principal of other general debts. "

“地方政府债务付息支出(23202 ”款级科目下增设“一般债务付息支出(2320201 ”项级科目,科目说明为“反映地方政府用于归还一般债务利息所发生的支出”。 Under the "Local Government Debt Interest Expenditure Expenditure (23202 ) " section-level subject, a "General Debt Interest Expenditure Expenditure (2320201 ) " item has been added. The subject description is "Reflect the expenditure incurred by the local government to repay the general debt interest." ”,科目说明为“反映地方政府用于归还一般债券利息所发生的支出”;“地方政府其他一般债务付息支出(232020104 ”,科目说明为“反映地方政府用于归还其他一般债务利息所发生的支出”。 There are two additional subjects at the heading level: "Local government general bond interest payment expenditure (232020101 ) ", which is described as "reflecting expenditures incurred by local governments to repay general bond interest"; "local government other general debt interest payment expenditures" (232020104 ) ", the subject description is" reflects expenditures incurred by local governments to repay other general debt interest. "

“地方政府债务发行费用支出(23302 ”款级科目下增设“一般债务发行费用支出(2330201 ”项级科目,科目说明为“反映地方政府用于一般债务发行兑付费用的支出”。 Under the "Local Government Debt Issuance Expenditure Expenditure (23302 ) " section-level subject, a "General Debt Issuance Expenditure Expenditure (2330201 ) " item has been added, and the subject description is "Reflect the expenditure of the local government for general debt issuance and payment."

“转贷地方政府债券收入(1101101 ”项级科目修改为“地方政府一般债务转贷收入(1101101 ”,科目说明为“反映下级政府收到的上级政府转贷的一般债务收入”。 Article 16 The "Sub-Loan Local Government Bond Revenue (1101101 ) " item was revised to "Local Government General Debt Sub-Loan Revenue (1101101 ) ", and the subject description was "reflecting the general sub-loan income received by lower-level governments Debt income. "

“转贷地方政府债券支出(2301101 ”项级科目修改为“地方政府一般债务转贷支出(2301101 ”,科目说明为“反映向下级政府转贷的一般债务支出”。 The item “Sub-Loan Local Government Bond Expenditure (2301101 ) ” was changed to “Local Government General Debt Sub-Loan Expenditure (2301101 ) ”, and the description of the subject was “Reflect General Sub-Loan Expenditure to Subordinate Governments”.

Chapter IV Budget Implementation

Article 17 The payment of general bond income, the allocation of funds for disbursement of funds, and the allocation of funds for the repayment of principal and interest on bonds shall be implemented in accordance with the relevant provisions of the general public budget management and incorporated into the general public budget for accounting.

Article 18 General bonds are issued in the interbank bond market and the stock exchange market in accordance with the principle of marketization. Eligible institutional investors and individuals are encouraged to purchase general bonds.

Article 19 Provincial governments shall, in accordance with relevant regulations, do a good job of information disclosure and credit rating of bond issuance. The information disclosed should include basic information about general bonds, general public budgetary financial resources and related debts, debt service arrangements, and other information that has a significant impact on investors' purchasing decisions.

Article 20 Where a city or county government applies for the issuance of general bonds on behalf of a provincial financial department, it shall sign an agreement on behalf of the provincial financial department and a sub-lending agreement. Proceeds raised by the provincial financial department on behalf of the municipal and county governments in issuing general bonds shall be refinanced to the municipal and county financial departments in a timely manner in accordance with the issuance and refinancing agreements.

Article 21 After the completion of the general bond issuance work, the provincial financial department shall report the issuance to the budget department of the Ministry of Finance, the State Treasury Department and the local commissioner of the Ministry of Finance within 15 working days for the record. After the completion of the annual issuance, the annual issuance should be reported to the Budget Department of the Ministry of Finance, the Treasury Department and the local commissioner of the Ministry of Finance for the record within 20 working days.

Article 22 The provincial financial department shall pay the principal and interest of general bonds on time. For general bonds issued by provincial financial departments on behalf of municipal and county governments, the municipal and county financial departments shall promptly repay the principal and interest funds to the provincial financial departments in accordance with the agreement. If the principal and interest payment funds are not paid in full and on time, the penalty interest will be calculated based on the overdue payment and the number of days overdue. For the part that has not been paid at the end of the year, the provincial financial department will deduct it in an appropriate manner and disclose the default situation to the market in a timely manner. .

Chapter V Supervision and Inspection

Article 23 The local financial department shall establish and improve relevant systems, and strengthen the management and supervision of the use of general bond funds by relevant departments.

Article 24 Where there are situations such as fraudulent issuance of general bonds, illegal issuance of bond issuance, changes in the use of bond funds, failure to incorporate bond revenue and expenditure into budget management as required, failure to repay principal and interest of maturity bonds, etc., the general situation shall be reduced according to the severity of the situation. Bond size or suspension of general bond issuance. Anyone who violates the Budget Law and other laws and regulations shall be held accountable for relevant personnel according to law. If a crime is suspected, it shall be transferred to the judicial organ for handling according to law.

Chapter VI Supplementary Provisions

Article 25. Provincial financial departments may formulate detailed implementation rules in accordance with these Measures.

Article 26 The interpretation of these measures shall be the responsibility of the Ministry of Finance and shall be implemented as of the date of issuance.


3.8 Notice on the Pilot Work of the Central Financial Support for the Underground Comprehensive Pipe Gallery

Caijian [2014] No. 839

Provinces, autonomous regions, municipalities directly under the Central Government, cities with separate plans, the Housing and Urban-Rural Development Department (bureau, commission), the Finance Bureau and Construction Bureau of Xinjiang Production and Construction Corps:

“加强地下管线建设”的讲话精神和近期中央经济工作会要求,经研究,财政部、住房城乡建设部决定开展中央财政支持地下综合管廊试点工作。 According to the spirit of General Secretary Xi Jinping 's speech on "strengthening the construction of underground pipelines" and the recent requirements of the Central Economic Work Conference, after research, the Ministry of Finance and the Ministry of Housing, Urban and Rural Construction decided to launch a pilot project of central financial support for underground comprehensive pipeline corridors. The relevant matters are notified as follows:

1. The central government will grant special fund subsidies to the pilot cities of underground comprehensive corridors for a certain period of three years. The specific amount of subsidies will be determined according to the size of the city. The municipality will be 500 million yuan per year, the provincial capital city will be 400 million yuan, and other cities will be 300 million yuan. For those who reach a certain percentage through the PPP model, 10% will be awarded based on the above subsidy base.

2. The pilot cities shall be jointly declared by the provincial finance and housing construction departments. “马路拉链”问题,促进城市空间集约化利用。 Pilot cities should construct underground comprehensive pipe corridors in key urban areas, centrally lay water supply, heat, power, communications, radio and television, gas, drainage and other pipelines, unified planning, design, construction and maintenance, solve the "road zipper" problem, and promote Intensive use of urban space. The construction of pilot urban corridors should take into account the construction of new areas and the reconstruction of old urban areas. The construction mileage should reach a certain percentage of planned development and reconstruction of roads in the area. At least three types of pipelines will enter the corridor. The pilot cities prepared the implementation plan according to the three-year rolling budget requirements, and the implementation plan preparation guide was issued separately.

3. Select a pilot city by means of competitive review. The Ministry of Finance and the Ministry of Housing and Urban-Rural Development will conduct a qualification review of the declared cities. For cities that have passed the qualification review, the Ministry of Finance and the Ministry of Housing and Urban-Rural Development will organize cities to publicly defend, and experts will conduct on-site review and the results will be announced on the spot.

4. Performance evaluation of the pilot work. The Ministry of Finance and the Ministry of Housing and Urban-Rural Development regularly organize performance evaluations and award rewards and penalties based on the results of the performance evaluations. If the evaluation result is good, the central financial subsidy fund will be rewarded at 10%; if the evaluation result is poor, the central financial subsidy fund will be deducted. Specific performance evaluation measures will be formulated separately.

5. Local finance and housing construction departments should attach great importance to this work, actively plan, organize relevant cities to do a good job in preparing implementation plans, and study and formulate supporting policies. Specific notifications will be announced separately.

Ministry of Finance

December 26, 2014


3.9 Notice on Organizing the Application for the Sponge City Construction Pilot City in 2015

Finance Office Construction [2015] No. 4

Provincial and Autonomous Regions Department of Finance (Bureau), Department of Housing and Urban-Rural Development (Bureau, Commission), Department of Water Resources (Water Affairs), Municipal Bureau of Finance, Construction Committee (Communication Commission, Garden Bureau, City Appearance and Garden Commission, Green City Appearance Bureau, Municipal Administration Committee) Water conservancy (water affairs) bureau, planning separately listed city financial bureau, urban construction bureau (urban management bureau, municipal public administration bureau, garden bureau), water conservancy (water affairs) bureau:

According to the "Notice of the Ministry of Finance, the Ministry of Housing, Urban and Rural Construction and the Ministry of Water Resources on the Pilot Work of Central Financial Support for the Construction of Sponge Cities" (Cai Jian ﹝ 2014 ﹞ 838), the Ministry of Finance, the Ministry of Housing, Urban and Rural Construction and the Ministry of Water Resources decided to start the 2015 central financial support Sponge city construction pilot city application. In order to do a good job, standardize the operation process, and clarify the target requirements, the "2015 Sponge City Construction Pilot City Application Guide" is now issued to you, please follow the implementation.

Office of the Ministry of Finance Office of the Ministry of Housing and Urban-Rural Development

January 20, 2015

Attachment: Guidance on the Application of Pilot Cities for the Construction of Sponge City in 2015

I. Pilot Selection Process

(1) Provincial recommendation. In 2015, active provinces recommended one city first. Provincial finance, housing, urban and rural construction, and water conservancy departments submitted application documents (scanned copies) and electronic versions of the implementation plan for the sponge city construction pilot program to the Ministry of Finance, the Ministry of Housing, Urban and Rural Construction, and the Ministry of Water Resources through the information platform before February 26, 2015.

(2) Qualification review. The Ministry of Finance, the Ministry of Housing, Urban-Rural Development and the Ministry of Water Resources will conduct a qualification review of the recommended cities in each province, and announce the list of cities that have passed the qualification review at the end of February 2015.

(3) Competitive review. For cities that have passed the qualification review, the Ministry of Finance, the Ministry of Housing, Urban-Rural Development, and the Ministry of Water Resources will organize a public defense of the city in early March 2015. On-site review will be conducted by experts and the results will be announced on-site.

Review content

(1) Qualification review.

Provincial recommended cities must meet the following conditions:

1. The urban people's government establishes a working leading group.

2. Develop or revise special plans for urban water systems (including urban water supply, water conservation, sewage treatment and recycling, drainage and flood prevention, flood control, urban water bodies, etc.), garden green space systems, road traffic systems, and other specific plans to implement sponge city construction Construction requirements and coordination with the overall city plan.

3. Urban development has a strong demand for drainage and flood prevention infrastructure construction, rainwater storage and emergency management capabilities. The total area of the pilot area is in principle not less than 15 square kilometers, and the average annual rainfall is not less than 400 mm. Give priority to encourage old city reconstruction projects. Including urban water systems, urban gardens and green spaces, municipal roads, and green building communities.

(2) Competitive review.

Focus on reviewing the following:

1. Whether the overall thinking is clear. “节水优先、空间均衡、系统治理、两手发力”治水思路,按照海绵城市建设的总体要求和城市的特点,提出的思路是否清晰、准确。 Carry out the "water saving priority, space balance, system management, and two-handed effort" water management idea put forward by General Secretary Luo Jinping , and whether the proposed ideas are clear and accurate in accordance with the overall requirements of sponge city construction and the characteristics of the city.

2. Local government attaches importance. Whether the provincial and municipal governments have a strong willingness to promote the pilot work, whether they have the determination, confidence, and ability to make the pilot work into a model project that can be demonstrated and promoted; whether they have established a coordination mechanism among various departments.

3. Goal rationality. Whether to build the city into a sponge body with functions of absorbing, storing, purifying and releasing water, improve the capacity of urban flood prevention, drainage, disaster reduction, improve the ecological environment of the city, and alleviate the pressure of urban water resources. Whether the target control rate of the total annual runoff in the pilot cities meets the requirements of the "Technical Guidelines for the Construction of Sponge Cities", and whether the drainage and flood control standards and flood control standards meet the relevant national technical specifications.

4. Project feasibility. Whether the project conforms to the overall urban planning and special planning of urban water system, landscaping, road traffic, etc .; whether there is a comprehensive assessment of urban drainage and flood prevention, flood prevention capacity, and risks; whether it meets urban drainage and flood prevention and flood prevention facilities construction standards, and has technology Feasibility, etc.

5. Innovative investment and financing models. “以地方及社会投入为主”,是否能够实现政府和社会资本的有效合作等。 Including whether the investment scale is economically reasonable, whether the calculation of construction and operating costs is clear, whether to effectively integrate existing funding channels and increase government investment, whether to objectively evaluate the affordability of local financial resources, and whether the construction and operation model is effective in adopting government and social capital cooperation (PPP ) Model, adopting the PPP model, part of the investment accounts for the total investment of the project, whether it fully reflects "mainly local and social input", and whether it can achieve effective cooperation between government and social capital.

6. Complete measures. “两证一书”、施工图审查、开工许可、竣工验收等城市规划建设管控环节;是否建立城市河湖水系的保护与管理机制,是否建立低影响开发控制和雨水调蓄利用的建设管理制度;是否建立充分有效可持续的投入机制,是否建立合理的标准体系;是否建立有效的暴雨内涝监测预警体系,是否健全城市排水防涝和防洪应急管理体系、应急机制和应急预案;是否采取有效措施加强能力建设(如组织机构、人员培训、抢险能力等)等。 Whether to incorporate sponge city construction requirements into urban planning and construction control links such as "two certificates and one document", construction drawing review, start permit, and completion acceptance; whether to establish protection and management mechanisms for urban rivers and lakes, and to establish low-impact development control and rainwater Construction management system for storage and utilization; whether a fully effective and sustainable input mechanism is established, whether a reasonable standard system is established; whether an effective storm and waterlogging monitoring and early warning system is established, and whether urban drainage and flood prevention and flood emergency management systems, emergency mechanisms, and Emergency plan; whether effective measures are taken to strengthen capacity building (such as organizational structure, personnel training, emergency rescue capacity, etc.).

Preparation of implementation plan

“规划引领、生态优先、安全为重、因地制宜、统筹建设、全面协调、技术先进”等基本原则,实施期为2015-2017年(至少含1年的项目运营期)。 The implementation plan should reflect the basic principles of “planning and guidance, ecological priority, safety first, measures according to local conditions, overall construction, comprehensive coordination, and advanced technology”, and the implementation period is from 2015 to 2017 (including at least one year of project operation period). It mainly includes the following:

(1) Urban status.

Including urban location conditions, topography, geological and hydrological conditions, rainfall characteristics, flood characteristics, water resources conditions, water environment and aquatic ecological conditions, etc .; urban socio-economic profile, administrative divisions, and fiscal revenue and expenditure in 2012-2014; urban rivers and lakes Current status of water systems, urban drainage and waterlogging prevention systems, urban flood prevention, drainage and waterlogging prevention capabilities, and assessment of internal waterlogging risks, problems and solutions.

(2) Implementation of target tasks.

Including project construction guiding ideology and basic principles, construction scope, overall goals, annual evaluation indicators of project implementation goals (such as the annual runoff target control rate, drainage and flood control standards, flood control standards, etc.), and institutional mechanism construction goals (urban blue line plan Determination and protection, protection and management of rivers and lakes, low-impact development control and rainwater storage and storage, continuous and stable investment, emergency management of urban floods, etc., capacity-building goals (such as urban storm forecasting and early warning systems, emergency plan systems, Technical standards and regulations, emergency management organizations and personnel, emergency rescue capabilities).

(3) Implementation of project contents.

“渗、滞、蓄、净、用、排”等工程总体布局和项目实施方案。 Explain the overall planning and approval of sponge city construction related special plans; around the sponge city construction requirements and the most stringent water resources management system, put forward the overall layout and project implementation plan of the project such as "seepage, stagnation, storage, net, use, and drainage" . Through technical and economic comparisons, determine the construction content and construction standards of various engineering measures, and clarify investment scale, funding sources, implementation schedules, recent construction plans, and project progress.

(4) Safeguard measures.

Including supportive measures such as standard system construction, investment mechanism construction, performance evaluation and supervision mechanism construction, other institutional mechanism construction, and capacity building.

Fourth, other matters

Provinces can provide relevant certification materials based on the content of the review. All materials submitted by the provinces to the Ministry of Finance, the Ministry of Housing and Urban-Rural Development, and the Ministry of Water Resources are uploaded electronically via the information platform (uploaded scans of official documents).

Contact Information of Economic Construction Department of the Ministry of Finance

Phone: 010-68552890, Email: jjstzc@sina.com

Contact information for the Construction Division of the Ministry of Housing, Urban and Rural Construction

Phone: 010-58933160, Email: chengshui@mail.cin.gov.cn

Contact Information of Planning Department of Ministry of Water Resources

Phone: 010-63202984, Email: jhyc@mwr.gov.cn

Ministry of Finance Information Platform: Ministry of Finance Intranet / Finance Special Construction Fund Network / Sponge City Pilot System


于开展中央财政支持海绵城市建设试点工作的通知 3.10 Notice on the Pilot Work of Central Financial Support for Sponge City Construction

Caijian [2014] No. 838

Provinces, Autonomous Regions, Department of Finance (Bureau), Department of Housing and Urban-Rural Development (Bureau, Committee), Water Resources Department (Bureau), Municipal Bureau of Finance, Construction Committee (Communication Commission, Garden Bureau, City Appearance Garden Committee, Greening Appearance Bureau, Municipal Administration Committee) Water conservancy (water affairs) bureau, planning separately listed city financial bureau, urban construction bureau (urban management bureau, municipal public administration bureau, garden bureau), water conservancy (water affairs) bureau:

“加强海绵城市建设”的讲话精神和近期中央经济工作会要求,经研究,财政部、住房城乡建设部、水利部决定开展中央财政支持海绵城市建设试点工作。 According to the spirit of General Secretary Xi Jinping 's speech on "strengthening the construction of sponge cities" and the requirements of the recent Central Economic Work Conference, after research, the Ministry of Finance, the Ministry of Housing, Urban-Rural Development, and the Ministry of Water Resources decided to launch a pilot project of central financial support for sponge city construction. The relevant matters are notified as follows:

1. The central government will grant special fund subsidies for the construction of sponge cities. The specific amount of subsidies will be determined according to the size of the city, with 600 million yuan per year for municipalities, 500 million yuan for provincial capital cities and 400 million yuan for other cities. For those who reach a certain percentage through the PPP model, 10% will be awarded based on the above subsidy base.

2. The pilot cities shall be jointly declared by provincial finance, housing urban and rural construction, and water conservancy departments. Pilot cities should build cities into sponges with functions of absorbing, storing, purifying, and releasing water to increase the city's ability to prevent floods, reduce floods, and reduce disasters. The target control rate of the total annual runoff in the pilot cities should meet the requirements of the "Technical Guide for Sponge City Construction" of the Ministry of Housing and Urban-Rural Development. The pilot cities prepared the implementation plan according to the three-year rolling budget requirements, and the implementation plan preparation guide was issued separately.

3. Select a pilot city by means of competitive review. The Ministry of Finance, the Ministry of Housing and Urban-Rural Development, and the Ministry of Water Resources will conduct qualification review on the cities that apply. For cities that have passed the qualification examination, the Ministry of Finance, the Ministry of Housing, Urban-Rural Development, and the Ministry of Water Resources will organize a public defense of the city, with on-site review by experts, and the results of the review will be announced on-site.

4. Performance evaluation of the pilot work. The Ministry of Finance, the Ministry of Housing and Urban-Rural Development, and the Ministry of Water Resources regularly organize performance evaluations and award rewards and penalties based on the results of the performance evaluations. If the evaluation result is good, the central financial subsidy fund will be rewarded at 10%; if the evaluation result is poor, the central financial subsidy fund will be deducted. Specific performance evaluation measures will be formulated separately.

5. Local finance, housing, urban and rural construction, and water conservancy departments should attach great importance to this work, actively plan, organize relevant cities to do a good job in preparing implementation plans, and study and formulate supporting policies. Specific notifications will be announced separately.

December 31, 2014


3.11 Notice on Furthering the Demonstration Work of Government and Social Capital Cooperation Projects

Cai Jin [2015] No. 57

Provinces (autonomous regions), municipalities directly under the Central Government, cities with separate plans, and the Finance Bureau of the Xinjiang Production and Construction Corps:

In order to implement the spirit of the “Notice of the General Office of the State Council on Forwarding the Guiding Opinions of the Development and Reform Commission of the Ministry of Finance on Promoting the Cooperative Model of Government and Social Capital in the Public Service Sector” (Guobanfa No. 2015 ﹞ 42), the government and social capital will be accelerated Cooperation (PPP) project demonstration work, as soon as possible to form a batch of replicable and popularizable implementation examples, to promote the implementation of more projects, the notice is as follows:

I. Speed up the implementation of the first batch of demonstration projects

(A) attaches great importance to the demonstration work of PPP projects. Project demonstration is an important starting point for the financial department to standardize and promote the PPP model. Financial departments at all levels must effectively strengthen the organization and leadership of demonstration projects, allocate necessary key personnel to ensure the orderly progress of various tasks. The financial department where the demonstration project is located should strengthen coordination, urge the project implementation unit to accelerate the implementation of the project, track the progress, and actively coordinate and solve the difficulties and problems in the project implementation process, and report the major situation to the financial department in a timely manner.

(2) Ensure the implementation quality of demonstration projects. It is necessary to strictly implement a series of system documents issued by the State Council, the Ministry of Finance and other departments, scientifically formulate the implementation plan, rationally select the operation mode, do a good job of evaluation and demonstration, choose the best social capital, and strengthen the supervision of project implementation. Project procurement should strictly implement the "Government Procurement Law" and "Administrative Measures for Government Procurement of Government and Social Capital Cooperation Projects" (Caiku [2014] No. 215), etc., and fully introduce competition mechanisms to ensure the quality of project implementation. It is necessary to give play to the advantages of centralized government procurement to reduce costs, determine reasonable charging standards, and select a group of highly competent professional intermediaries through the government procurement platform to provide technical support for the implementation of demonstration projects. It is strictly forbidden to make disguised financing through guarantee guarantees, repurchase arrangements, and real debts to package projects into PPP projects.

(3) Effectively perform the duties of financial supervision and management. The financial department where the demonstration project is located should earnestly perform a qualitative analysis of value for money and demonstration of financial affordability of the demonstration project, effectively control the government's payment responsibility, and reasonably determine the amount of financial subsidies. Each year, all PPP projects need to be allocated from the budget. The proportion of general public budget expenditure should not exceed 10%. Provincial financial departments shall statistically monitor the government's payment responsibilities for all PPP projects and report to the Ministry of Finance for record, strengthen the management of demonstration projects, and urge the lower-level financial departments to strictly implement contractual agreements, protect the legitimate rights and interests of social capital, and effectively maintain government credit.

(4) Report the implementation information of the demonstration project in time.对于示范项目的实施方案、合作伙伴选择、物有所值评估、财政承受能力论证等,项目所在地财政部门要将有关情况报送省级财政部门备案,并通过财政部PPP综合信息平台及时填报相关信息。在示范项目建设和运营阶段,财政部将不定期组织对示范项目实施情况进行督导,督促项目实施单位依法充分披露相关信息。

二、组织上报第二批备选示范项目

想自己做个pk10赛车群 (五)在公共服务领域广泛征集适宜采用PPP模式的项目。根据《国务院办公厅转发财政部 发展改革委 人民银行关于在公共服务领域推广政府和社会资本合作模式指导意见的通知》(国办发〔2015〕42号),地方各级财政部门要在能源、交通运输、水利、环境保护、农业、林业、科技、保障性安居工程、医疗、卫生、养老、教育、文化等公共服务领域,筛选征集适宜采用PPP模式的项目,加快建立项目库。

想自己做个pk10赛车群 (六)确保上报备选示范项目具备相应基本条件。项目要纳入城市总体规划和各类专项规划,新建项目应已按规定程序做好立项、可行性论证等项目前期工作。项目所在行业已印发开展PPP模式相关规定的,要同时满足相关规定。政府和社会资本合作期限原则上不低于10年。对采用建设-移交(BT)方式的项目,通过保底承诺、回购安排等方式进行变相融资的项目,财政部将不予受理。

(七)优先支持融资平台公司存量项目转型为PPP项目。重点推进符合条件的融资平台公司存量项目,通过转让-运营-移交(TOT)、改建-运营-移交(ROT)等方式转型为PPP项目。存量项目债务应纳入地方政府性债务管理系统,或2013 年全国政府性债务审计范围。对合同变更成本高,融资结构调整成本高,原债权人不同意转换,不能化解政府性债务风险、降低债务成本和实现 “物有所值”的项目,财政部将不予受理。

想自己做个pk10赛车群 (八)认真组织备选示范项目筛选上报。请各省、自治区、直辖市、计划单列市财政厅(局)按照上述要求,严格筛选上报适宜采用PPP模式的第二批备选示范项目,将项目采用PPP模式的初步方案(附件1)、以及PPP示范项目申报表(附件2)和基本信息表(附件3),于2015年7月15日前书面(含电子版,下载网址:http://jrs.mof.gov.cn/ppp/)报送财政部(金融司,联系人张帆,010-68551078;PPP中心,联系人刘宝军,010-88659335)。申请第二批示范项目时,项目所在地政府或政府授权实施机构应当提交项目规范实施承诺书,承诺在项目实施各操作环节中,将严格执行财政部一系列制度规范,尽快完成项目实施,并保证项目实施质量。

三、构建激励相容的政策保障机制

(九)建立想自己做个pk10赛车群 “能进能出”的项目示范机制。对已列入示范项目名单的项目,如项目交易结构发生重大变化不能采用PPP模式,或一年后仍未能进入采购阶段的,将被调出示范项目名单。示范项目建设完成后,财政部将组织专家对前期实施情况进行验收,重点审查示范项目是否符合PPP模式的必备特征。符合PPP模式特征的,将作为实施范例进行推广。不符合PPP模式特征的,财政部将督促实施单位进行整改,或不再作为示范项目推广。

(十)加强业务指导和技术支持。财政部将建立PPP综合信息平台,加快推进专家库和项目库建设,抓紧出台PPP项目财政管理办法、物有所值操作指引等配套实施细则,为PPP项目示范工作提供必要的业务指导和技术支持。在示范项目实施全过程中,财政部相关司局及PPP中心将进行跟踪指导,推动示范项目顺利实施。

(十一)完善示范项目扶持政策体系。鼓励符合条件的示范项目用好用足现行各项扶持政策,按规定申请城镇保障性安居工程贷款贴息、中央财政支持海绵城市建设试点和地下综合管廊试点政策中对PPP倾斜支持奖励政策等政策支持。中央财政加快推动设立PPP 基金,研究出台想自己做个pk10赛车群 “以奖代补”措施,符合条件的示范项目将优先获得支持。

附件:1. __项目采用PPP模式的初步方案
2. __省(区、市)PPP示范项目申报表
3. __省(区、市)PPP示范项目基本信息表

Ministry of Finance

2015年6月25日


attachment1:

 

 

      想自己做个pk10赛车群项目采用PPP模式的初步方案

一、项目基本情况

包括但不限于项目名称、类型(在建或建成)、地点、联系人;项目建设的必要性、前期工作合规性(可研、环评、土地等)、技术路线、所处阶段(申报、设计、融资、采购、施工、运行)、开工和计划完成时间;总投资及资本构成、资产负债、股权结构、融资结构及主要融资成本、收益情况(总收益、收入来源、收费价格和定价机制);政府现有支持安排、社会资本介入情况(如有);纠纷情况(如有)等。

想自己做个pk10赛车群二、可行性分析

想自己做个pk10赛车群包括但不限于对本通知要求满足情况的分析、行业主管部门和融资平台意愿、项目对社会资本的吸引力分析、债权人转换配合意愿及担保解除可能性等。

项目采用PPP 模式要进行 “物有所值”定性分析,重点关注PPP与政府传统采购模式相比能否增加供给,优化风险分担,降低项目全生命周期成本,提高运营效率,促进创新和竞争。

想自己做个pk10赛车群三、初步实施安排

包括但不限于政府和社会资本的权利义务、风险分担、PPP运作方式、投融资结构、政府配套安排、合同期限、收益回报方式、收费定价调整机制、财政可承受能力评估、合作伙伴选择方式、项目公司(SPV)设立情况等。

四、财务测算

包括但不限于投资回报测算、现金流量分析、项目财务状况、项目存续期间政府补贴情况等。


附件 2

 

 

 

 

 

 

       省(区、市) PPP 示范项目申报表

填表单位(章) :

 

 

 

填表日期:

项目基本信息

project name

 

project type

□存量
□新建

industry

 

项目所在地

 

项目总投资
(Ten thousand yuan)

 

项目合作内容

 

项目实施机构

 

第三方中介机构
(如有)

 

项目联系人

 

contact number

 

Mobile phone

 

项目识别

项目发起方式

 

项目合作期限

 

项目运作方式

 

是否开展物有所值评价及评价过程和结果

 

是否开展财政承受能力论证及论证过程和结果

 

项目准备

风险分配框架

 

项目融资结构

 

收益回报机制

 

政府配套安排

 

Implementation plan approval

 

Project procurement

Whether a social capital partner has been selected and the procurement method and results

 

Whether the project contract has been signed and when

 

Project implementation

Project company formation

 

Project financing progress

 

Project construction progress

 

Operational performance

 

Filler:

 

contact number:           

mailbox:


3 Annex 3 :

 

 

 

 

 

 

 

       PPP 示范项目基本信息表 Provincial (region, city) PPP demonstration project basic information form

Basic project information

project name
必填) ( Required)

 

project type
(required)

 

Current project status
(required)

 

Demonstration or recommendation level

 

Selection unit

 

Total project investment (10,000 yuan)

 

) (可选) Province (region, city ) to which the project belongs (optional)

 

( 区) City ( District)

 

county

 

Implementing agency
必填) ( Required)

 

Implementing agency contact

 

Implementing agency contact phone

 

1 Industry 1
(required)

 

2 (如果前列选择其他,此处可填) Industry 2 (If you choose other in the front row, you can fill in here)

 

Industry sub-sectors

 

Third-party professional agency information
(If any)

Organization Code

institution name

Client

project manager

contact number

mobile phone number

Main services

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Project operation mode (required):

 

Return mechanism (required):

 

Project URL:

 

Project Overview

 

I. Project Identification

Project launch time (required)

 

Project Initiation Type
(required)

 

Project sponsor name

 

Planned development year

 

Value for money
(description)

 

Demonstration of financial affordability
(description)

 

Project output description

Serial number

year

Output

unit of measurement

Quantity

Remark

1

 

 

 

 

 

2

 

 

 

 

 

3

 

 

 

 

 


3.12 Encourage and guide social capital to participate in the construction and operation of major water conservancy projects

Implementation comments

Development and Reform Agricultural Economics [2015] No. 488

Provinces, autonomous regions, municipalities, Xinjiang Production and Construction Corps Development and Reform Commission, Finance Department (Bureau), Water Resources (Water Affairs) Department (Bureau):

Water conservancy is an important infrastructure for national economic and social development. For major water conservancy projects with certain conditions, open the door to social investment through deepening reforms, establish an investment environment with equal rights, equal opportunities, and equal rules, and a reasonable investment income mechanism, release increments, revitalize stocks, strengthen pilot demonstrations, and encourage And guide social capital to participate in the construction and operation of the project, which is conducive to optimizing the investment structure and establishing a sound multi-channel financing mechanism for water conservancy investment; it is conducive to introducing market competition mechanisms to improve water conservancy management efficiency and service levels; it is conducive to transforming government functions and promoting government and The organic combination of the market and the strength of both hands will help speed up the improvement of the water safety guarantee system and support sustainable economic and social development. According to the spirit of the Third and Fourth Plenary Sessions of the Eighteenth Central Committee and the Fourth Central Committee of the Party and the relevant requirements of the State Council's Guiding Opinions on Encouraging Social Investment in Investment and Financing Mechanisms in Innovative Key Areas (Guo Fa [2014] No. 60), combined with the actual situation of water conservancy, the following implementation opinions are put forward: .

I. Clear scope and method of participation

(1) Broaden the field of social capital entry. Except for the special provisions of laws, regulations and rules, all major water conservancy projects construction and operation will be open to social capital. As long as it is social capital, including various types of state-owned enterprises, private enterprises, foreign-invested enterprises, mixed-ownership enterprises, and other major water conservancy projects that investment and business entities are willing to invest in, in principle, social capital participation in construction and operation should be given priority. Encourage overall planning of urban and rural water supply, and implement integrated construction and operation of water source engineering, water supply and drainage, sewage treatment, and reuse of reclaimed water.

(2) Reasonably determine the project participation method. Revitalize the existing state-owned assets of major water conservancy projects, and choose a group of projects to attract social capital participation through equity transfer, commissioned operations, and integration and restructuring. The funds raised are used for new project construction. For new projects, a government and social capital cooperation (PPP) mechanism should be established and encouraged, and social capital should be encouraged to participate in major water conservancy construction operations in various forms, including franchising and equity participation. Among them, the construction and operation of integrated water conservancy hubs and water supply and drainage pipe networks in large cities must be controlled by the Chinese party in accordance with regulations. For the construction of water conservancy projects such as river and lake embankment improvement with strong public welfare and no direct benefits, social capital participation can be attracted through the combination of development with more operational projects and unified planning and implementation according to river basins.

(3) Standardize project construction procedures . Major water conservancy projects are organized in accordance with national capital construction procedures. Project announcements and project information that encourage social capital participation should be released to the society in a timely manner, and investors should be selected through tendering and other methods in accordance with the principles of openness, fairness, and impartiality. Investors should be selected. The investment and operation entities should be prepared by the organization. Implemented after approval. For projects that adopt the approval system, the approval project application report is prepared according to the procedure; for projects that adopt the approval system, the project proposal, feasibility study report, and preliminary design are prepared according to the procedure, and the approval process can be appropriately combined and simplified as needed.

(4) Sign investment and operation agreements. Social capital participates in the construction and operation of major water conservancy projects. The people's government at or above the county level or its authorized relevant departments should sign contracts with investment and investment entities to conduct asset property rights relations, liability and rights relations, construction operation standards, and supervision in project construction operations. Requirements, income and returns, contract termination, breach of contract handling, and dispute resolution are clarified. The government and investors should fully demonstrate the possible policy risks, business risks, environmental risks, and legal risks of the project, improve contract design, and improve dispute resolution and risk prevention mechanisms.

Improving preferential policies and support policies

(5) Protecting the legal rights and interests of social capital. Social capital invests in the construction or operation and management of major water conservancy projects and enjoys the same policy treatment as government-invested projects without additional conditions. The major water conservancy projects invested or constructed by social capital can be transferred, subleased, or mortgaged in accordance with the agreement, and their related rights and interests must be compensated. Compensation or compensation should be made in accordance with relevant state regulations or agreements.

(6) Give full play to the leading role of government investment. For major water conservancy construction investment, in principle, reasonable allocation and financing shall be made according to functions and benefits, and government investment shall be arranged in accordance with regulations. For similar projects, the Central Water Conservancy Investment gives priority to projects that introduce social capital. The use and quota of government investment arrangements should be comprehensively determined based on factors such as different project conditions and reasonable returns on social capital investments. The public-funded part of government-owned assets belongs to the government, and can not participate in the distribution of production and operation income according to regulations. Encourage the development of investment funds that support major water conservancy projects, and the government can support them by subscribing to fund shares and direct capital injection.

(7) Improve the management of project financial subsidies. For government and social capital cooperation (PPP) major water conservancy projects that undertake certain public welfare tasks and project income cannot cover costs and benefits, but the social benefits are better, the government can provide appropriate subsidies for engineering maintenance and maintenance costs. The scale and method of financial subsidies shall be based on the results of project operation performance evaluation, and shall be reasonably determined and dynamically adjusted by comprehensively considering factors such as product or service prices, construction costs, operating expenses, actual rate of return, and fiscal mid- and long-term affordability, and in an appropriate manner Public to the public.

(8) Improve the price formation mechanism. We will improve the mechanism where prices are mainly determined by the market, and explore the implementation of negotiated pricing by the project investment and management entities and users for major water conservancy projects in which social capital participates in water supply and power generation. Encourage the determination of power generation prices through market competition such as bidding and direct electricity trading. If the price needs to be set by the government, it is necessary to consider not only the reasonable return of social capital, but also the user's affordability, social public interests and other factors. When the price adjustment is not in place, the local government can arrange financial funds for the operating unit according to the actual situation. Reasonable compensation.

(9) Give play to the role of policy finance. We will increase credit support for major water conservancy projects and improve the discount policy. Allow water conservancy construction loans to use the project's own income and other operating income of the borrower as sources of repayment, allow water conservancy, hydropower and other assets to be used as legal mortgage collateral, and explore the feasibility of using water project-related rights as security property. “信贷+保险"合作模式,完善水利信贷风险分担机制以及融资担保体系。 Actively expand insurance service functions, explore the formation of a "credit + insurance" cooperation model, and improve water conservancy credit risk sharing mechanisms and financing guarantee systems. Further study and formulate policies and measures to support direct financing and bond financing of enterprises engaged in water conservancy construction projects, and encourage the above-mentioned enterprises that meet the conditions to pass the IPO (initial public offering and listing), additional issues, corporate bonds, project income bonds, corporate bonds, medium-term Raising funds in a variety of ways, including bills.

(10) Promote the reform of the water rights system. Carry out pilot trials of water rights registration, cultivate and standardize water rights trading markets, actively explore various forms of water rights transaction circulation, encourage water rights transactions between regions and water users, and allow localities to meet new requirements through water rights transactions Reasonable water demand, and through the reform of the water rights system to attract social capital to participate in the development and utilization of water resources and conservation. Units or individuals that have obtained water withdrawal rights in accordance with the law to save water resources by adjusting products and industrial structures, reforming processes, and saving water can transfer the savings according to law after the approval of the original approval authority within the validity period of the water withdrawal permit and the water withdrawal quota. Water resources. On the premise of guaranteeing the irrigated area, irrigation guarantee rate and farmers' interests, a sound water and water right transfer mechanism for industry and agriculture is established.

(11) Preferential taxation. For major water conservancy projects in which social capital participates, if they meet the conditions stipulated in the "Preferential Catalog of Corporate Income Taxes for Public Infrastructure Projects" and "Preferential Catalog of Corporate Income Taxes for Environmental Protection, Energy-Saving and Water-Saving Projects," starting from the tax year in which the project receives the first production and operation income In the first to third years, corporate income tax is exempted, and in the fourth to sixth years, corporate income tax is halved.

(12) Implementing construction land indicators. The national and provincial (autonomous regions, municipalities) annual plans for land use should be appropriately tilted towards major water conservancy projects, and priority protection and arrangements should be given. Land in the project reservoir area (submerged area) that does not change the nature of land use may not occupy the planned land use index, but it is necessary to implement the balance of arable land occupation and compensation. Land acquisition compensation and balance of cultivated land occupation and compensation for major water conservancy projects are subject to the same policies as major national infrastructure projects such as railways.

Implementing the responsibilities of the main investment entity

(13) Improve the corporate governance structure. Project investment and management entities shall improve the corporate legal person governance structure in accordance with the law, improve and standardize management systems for enterprise operation management, product and service quality control, finance, and employment, and continuously improve the level of enterprise management and service. Reform and improve the state-owned asset management and authorized operating system of the project, strengthen the supervision of state-owned assets with capital management as the mainstay, and ensure the realization of public welfare and strategic functions of state-owned assets.

(14) Seriously fulfill the rights and obligations of investment and management. The project investment management entity shall strictly implement the basic construction procedures, implement the project legal person responsibility system, bidding and bidding system, construction supervision system, and contract management system. Purpose Quality, safety, schedule and investment management are negative. If the investor of the franchise project that has been selected through tendering is able to construct, produce or provide the project according to law, the tendering may not be required. It is necessary to establish a sound quality and safety management system and engineering maintenance and maintenance mechanism, provide products or services in accordance with the agreed time limit, quantity, quality, and standards, and assume responsibilities and obligations such as flood control, drought resistance, and water conservation and protection in accordance with the law. Unified water resources dispatch. It is necessary to strictly implement the relevant rules and regulations and technical standards of project construction operation management, strengthen daily inspections, overhauls, and maintenance to ensure the engineering functions and safe operation.

Strengthening government services and supervision

(15) Strengthen information disclosure. Development and reform, finance, water conservancy and other departments shall publicly release information such as water conservancy plans, industry policies, technical standards, and construction projects to the public in a timely manner to ensure that social capital investment entities have timely access to relevant information. Strengthen the coordination and guidance in the early stage of project demonstration, land acquisition and resettlement, construction management, etc., and create good conditions for project construction and operation. Actively cultivate and develop market intermediary organizations that provide consulting, technology, management and market information services for social investment.

(16) Speed up project review and approval. Deepen the reform of the administrative approval system, establish and improve the inter-ministerial coordination mechanism for the approval of major water conservancy projects, optimize the examination and approval process, innovate the examination and approval method, open up green channels, and speed up the examination and approval process. Local governments must also establish corresponding coordination mechanisms and green channels. Administrative approval items that are not clearly stipulated by laws and regulations as a prerequisite for project approval shall be completed after approval and before construction commences.

(17) Strengthen the implementation of supervision. The water administrative department shall strengthen the supervision and management of engineering construction operations and related activities in accordance with the law, maintain fair competition order, establish and improve the credit system of the water conservancy construction market, strengthen quality and safety supervision, and carry out inspection, acceptance and accountability in accordance with law to ensure the Use of safety and public welfare benefits. Departments in charge of development and reform, finance, urban and rural planning, land and environment must also strengthen supervision over investment, planning, land use, and environmental protection in accordance with their duties and laws. The implementation of resettlement responsibilities for large and medium-sized water conservancy and hydropower projects will be implemented by the resettlement area and local people's governments at or above the county level in the resettlement area.

(18) Implement emergency plans. Relevant government departments should strengthen guidance to project investment and operation entities in responding to natural disasters and other emergencies, and supervise investment and operation entities to improve and implement various types of preplans. The government may adopt emergency control measures in emergencies that endanger or may endanger public interests and public safety.

(19) Improve the exit mechanism. Relevant government departments should establish and improve the social capital exit mechanism. Under the circumstances of strict liquidation and verification of capital, implementation of project asset handling and construction and operation follow-up plans, allow social capital exit, properly complete project transfer and takeover, and ensure the smooth implementation of water conservancy projects. Continue safe operation, safeguard the legitimate rights and interests of social capital, and ensure that public interests are not infringed.

(20) Strong post-evaluation and performance evaluation. Carry out post-evaluation and performance evaluation of social capital participation in major water conservancy projects, establish and improve evaluation systems and methods, and adjust prices or subsidies based on evaluation results and contractual agreements to improve government investment decision-making levels and investment benefits, and encourage social capital to pass Management and technological innovation improve the quality and level of public services.

(21) Strengthen risk management. Fiscal departments at all levels must do a good job of demonstrating fiscal affordability, and reasonably determine the scale of fiscal expenditures such as financial subsidies and government payments based on the financial situation of the region and the level of debt burdens. Within a certain proportion of expenditure, reduce unnecessary financial burden on the government. Provincial development and reform commissions shall include qualified water conservancy projects into the PPP project database, track and dispatch in a timely manner, sort out and summarize the progress of project implementation, and report the situation on a monthly basis. Provincial financial departments shall establish a PPP project directory management system and financial subsidy expenditure statistical monitoring system. For projects that do not meet the requirements, financial departments at all levels shall not be included in the list, and financial expenditures of various forms shall not be arranged.

Five, do a good job in organization and implementation

(22) Strengthen organizational leadership . All localities should, in the light of the actual situation in the region, formulate concrete implementation measures and supporting policies and measures to encourage and guide social capital to participate in the construction and operation of major water conservancy projects. Development and reform, finance, water conservancy and other departments must work in accordance with their respective responsibilities and earnestly implement them.

(23) Pilot demonstrations.想自己做个pk10赛车群国家发展改革委、财政部、水利部选择一批项目作为国家层面联系的试点,加强跟踪指导,及时总结经验,推动完善相关政策,发挥示范带动作用,争取尽快探索形成可复制、可推广的经验。各省(区、市)和新疆生产建设兵团也要因地制宜选择一批项目开展试点。

(二十四)搞好宣传引导 。各地要大力宣传吸引社会资本参与重大水利工程建设的政策、方案和措施,宣传社会资本在促进水利发展,特别是在重大水利工程建设运营方面的积极作用,让社会资本了解参与方式、运营方式、盈利模式、投资回报等相关政策,稳定市场预期,为社会资本参与工程建设运营营造良好社会环境和舆论氛围。

想自己做个pk10赛车群国家发展改革委 财政部 水利部

March 17, 2015


 

 

 

 

 

 

 

Chapter Four    部委制度文件


4.1 础设施和公用事业特许经营管理办法

Chapter I General Provisions

想自己做个pk10赛车群第一条 为鼓励和引导社会资本参与基础设施和公用事业建设运营,提高公共服务质量和效率,保护特许经营者合法权益,保障社会公共利益和公共安全,促进经济社会持续健康发展,制定本办法。

想自己做个pk10赛车群第二条 中华人民共和国境内的能源、交通运输、水利、环境保护、市政工程等基础设施和公用事业领域的特许经营活动,适用本办法。

想自己做个pk10赛车群第三条 本办法所称基础设施和公用事业特许经营,是指政府采用竞争方式依法授权中华人民共和国境内外的法人或者其他组织,通过协议明确权利义务和风险分担,约定其在一定期限和范围内投资建设运营基础设施和公用事业并获得收益,提供公共产品或者公共服务。

第四条 基础设施和公用事业特许经营应当坚持公开、公平、公正,保护各方信赖利益,并遵循以下原则:

想自己做个pk10赛车群 (一)发挥社会资本融资、专业、技术和管理优势,提高公共服务质量效率;

想自己做个pk10赛车群 (二)转变政府职能,强化政府与社会资本协商合作;

(三)保护社会资本合法权益,保证特许经营持续性和稳定性;

想自己做个pk10赛车群 (四)兼顾经营性和公益性平衡,维护公共利益。

第五条 基础设施和公用事业特许经营可以采取以下方式:

(一)在一定期限内,政府授予特许经营者投资新建或改扩建、运营基础设施和公用事业,期限届满移交政府;

(二)在一定期限内,政府授予特许经营者投资新建或改扩建、拥有并运营基础设施和公用事业,期限届满移交政府;

(三)特许经营者投资新建或改扩建基础设施和公用事业并移交政府后,由政府授予其在一定期限内运营;

想自己做个pk10赛车群 (四)国家规定的其他方式。

第六条 基础设施和公用事业特许经营期限应当根据行业

特点、所提供公共产品或服务需求、项目生命周期、投资回收期等综合因素确定,最长不超过30 年。对于投资规模大、回报周期长的基础设施和公用事业特许经营项目(以下简称特许经营项目)可以由政府或者其授权部门与特许经营者根据项目实际情况,约定超过前款规定的特许经营期限。

想自己做个pk10赛车群第七条 国务院发展改革、财政、国土、环保、住房城乡建设、交通运输、水利、能源、金融、安全监管等有关部门按照各自职责,负责相关领域基础设施和公用事业特许经营规章、政策制定和监督管理工作。县级以上地方人民政府发展改革、财政、国土、环保、住房城乡建设、交通运输、水利、价格、能源、金融监管等有关部门根据职责分工,负责有关特许经营项目实施和监督管理工作。

第八条 县级以上地方人民政府应当建立各有关部门参加的基础设施和公用事业特许经营部门协调机制,负责统筹有关政策措施,并组织协调特许经营项目实施和监督管理工作。

第二章 特许经营协议订立

想自己做个pk10赛车群第九条 县级以上人民政府有关行业主管部门或政府授权部门(以下简称项目提出部门)可以根据经济社会发展需求,以及有关法人和其他组织提出的特许经营项目建议等,提出特许经营项目实施方案。特经营项目应当符合国民经济和社会发展总体规划、主体功能区规划、区域规划、环境保护规划和安全生产规划等专项规划、土地利用规划、城乡规划、中期财政规划等,并且建设运营标准和监管要求明确。项目提出部门应当保证特许经营项目的完整性和连续性。

第十条 特许经营项目实施方案应当包括以下内容:

想自己做个pk10赛车群 (一)项目名称;

想自己做个pk10赛车群 (二)项目实施机构;

想自己做个pk10赛车群 (三)项目建设规模、投资总额、实施进度,以及提供公共产品或公共服务的标准等基本经济技术指标;

(四)投资回报、价格及其测算;

想自己做个pk10赛车群 (五)可行性分析,即降低全生命周期成本和提高公共服务质量效率的分析估算等;

(六)特许经营协议框架草案及特许经营期限;

(七)特许经营者应当具备的条件及选择方式;

(八)政府承诺和保障;

想自己做个pk10赛车群 (九)特许经营期限届满后资产处置方式;

(十)应当明确的其他事项。

第十一条 项目提出部门可以委托具有相应能力和经验的第三方机构,开展特许经营可行性评估,完善特许经营项目实施方案。需要政府提供可行性缺口补助或者开展物有所值评估的,由财政部门负责开展相关工作。具体办法由国务院财政部门另行制定。

第十二条 特许经营可行性评估应当主要包括以下内容:

(一)特许经营项目全生命周期成本、技术路线和工程方案的合理性,可能的融资方式、融资规模、资金成本,所提供公共

想自己做个pk10赛车群服务的质量效率,建设运营标准和监管要求等;

想自己做个pk10赛车群 (二)相关领域市场发育程度,市场主体建设运营能力状况和参与意愿;

想自己做个pk10赛车群 (三)用户付费项目公众支付意愿和能力评估。

第十三条 项目提出部门依托本级人民政府根据本办法第八条规定建立的部门协调机制,会同发展改革、财政、城乡规划、国土、环保、水利等有关部门对特许经营项目实施方案进行审查。经审查认为实施方案可行的,各部门应当根据职责分别出具书面审查意见。项目提出部门综合各部门书面审查意见,报本级人民政府或其授权部门审定特许经营项目实施方案。

第十四条 县级以上人民政府应当授权有关部门或单位作为实施机构负责特许经营项目有关实施工作,并明确具体授权范围。

想自己做个pk10赛车群第十五条 实施机构根据经审定的特许经营项目实施方案,应当通过招标、竞争性谈判等竞争方式选择特许经营者。特许经营项目建设运营标准和监管要求明确、有关领域市场竞争比较充分的,应当通过招标方式选择特许经营者。

想自己做个pk10赛车群第十六条 实施机构应当在招标或谈判文件中载明是否要求成立特许经营项目公司。

第十七条 实施机构应当公平择优选择具有相应管理经验、专业能力、融资实力以及信用状况良好的法人或者其他组织作为特许经营者。鼓励金融机构与参与竞争的法人或其他组织共同制定投融资方案。特许经营者选择应当符合内外资准入等有关法律、行政法规规定。依法选定的特许经营者,应当向社会公示。

第十八条 实施机构应当与依法选定的特许经营者签订特许经营协议。需要成立项目公司的,实施机构应当与依法选定的投资人签订初步协议,约定其在规定期限内注册成立项目公司,并与项目公司签订特许经营协议。特许经营协议应当主要包括以下内容:

(一)项目名称、内容;

(二)特许经营方式、区域、范围和期限;

(三)项目公司的经营范围、注册资本、股东出资方式、出资比例、股权转让等;

(四)所提供产品或者服务的数量、质量和标准;

想自己做个pk10赛车群 (五)设施权属,以及相应的维护和更新改造;

(六)监测评估;

想自己做个pk10赛车群 (七)投融资期限和方式;

(八) 收益取得方式,价格和收费标准的确定方法以及调整程序;

(九)履约担保;

想自己做个pk10赛车群 (十)特许经营期内的风险分担;

(十一)政府承诺和保障;

(十二)应急预案和临时接管预案;

(十三)特许经营期限届满后,项目及资产移交方式、程序和要求等;

(十四)变更、提前终止及补偿;

(十五)违约责任;

(十六)争议解决方式;

(十七)需要明确的其他事项。

第十九条 特许经营协议根据有关法律、行政法规和国家规定,可以约定特许经营者通过向用户收费等方式取得收益。向用户收费不足以覆盖特许经营建设、运营成本及合理收益的,可由政府提供可行性缺口补助,包括政府授予特许经营项目相关的其它开发经营权益。

第二十条特许经营协议应当明确价格或收费的确定和调整机制。特许经营项目价格或收费应当依据相关法律、行政法规规定和特许经营协议约定予以确定和调整。

第二十一条 政府可以在特许经营协议中就防止不必要的同类竞争性项目建设、必要合理的财政补贴、有关配套公共服务和基础设施的提供等内容作出承诺,但不得承诺固定投资回报和其他法律、行政法规禁止的事项。

第二十二条 特许经营者根据特许经营协议,需要依法办理规划选址、用地和项目核准或审批等手续的,有关部门在进行审核时,应当简化审核内容,优化办理流程,缩短办理时限,对于本部门根据本办法第十三条出具书面审查意见已经明确的事项,不再作重复审查。实施机构应当协助特许经营者办理相关手续。

想自己做个pk10赛车群第二十三条 国家鼓励金融机构为特许经营项目提供财务顾问、融资顾问、银团贷款等金融服务。政策性、开发性金融机构可以给予特许经营项目差异化信贷支持,对符合条件的项目,贷款期限最长可达30 年。探索利用特许经营项目预期收益质押贷款,支持利用相关收益作为还款来源。

想自己做个pk10赛车群第二十四条 国家鼓励通过设立产业基金等形式入股提供特许经营项目资本金。鼓励特许经营项目公司进行结构化融资,发行项目收益票据和资产支持票据等。国家鼓励特许经营项目采用成立私募基金,引入战略投资者,发行企业债券、项目收益债券、公司债券、非金融企业债务融资工具等方式拓宽投融资渠道。

想自己做个pk10赛车群第二十五条 县级以上人民政府有关部门可以探索与金融机构设立基础设施和公用事业特许经营引导基金,并通过投资补助、财政补贴、贷款贴息等方式,支持有关特许经营项目建设运营。

想自己做个pk10赛车群第三章 特许经营协议履行

想自己做个pk10赛车群第二十六条 特许经营协议各方当事人应当遵循诚实信用原则,按照约定全面履行义务。除法律、行政法规另有规定外,实施机构和特许经营者任何一方不履行特许经营协议约定义务或者履行义务不符合约定要求的,应当根据协议继续履行、采取补救措施或者赔偿损失。

第二十七条 依法保护特许经营者合法权益。任何单位或者个人不得违反法律、行政法规和本办法规定,干涉特许经营者合法经营活动。

第二十八条 特许经营者应当根据特许经营协议,执行有关特许经营项目投融资安排,确保相应资金或资金来源落实。

想自己做个pk10赛车群第二十九条 特许经营项目涉及新建或改扩建有关基础设施和公用事业的,应当符合城乡规划、土地管理、环境保护、质量管理、安全生产等有关法律、行政法规规定的建设条件和建设标准。

想自己做个pk10赛车群第三十条 特许经营者应当根据有关法律、行政法规、标准规范和特许经营协议,提供优质、持续、高效、安全的公共产品或者公共服务。

想自己做个pk10赛车群第三十一条 特许经营者应当按照技术规范,定期对特许经营项目设施进行检修和保养,保证设施运转正常及经营期限届满后资产按规定进行移交。

想自己做个pk10赛车群第三十二条 特许经营者对涉及国家安全的事项负有保密义务,并应当建立和落实相应保密管理制度。实施机构、有关部门及其工作人员对在特许经营活动和监督管理工作中知悉的特许经营者商业秘密负有保密义务。

第三十三条 实施机构和特许经营者应当对特许经营项目建设、运营、维修、保养过程中有关资料,按照有关规定进行归档保存。

想自己做个pk10赛车群第三十四条实施机构应当按照特许经营协议严格履行有关义务,为特许经营者建设运营特许经营项目提供便利和支持,提高公共服务水平。

行政区划调整,政府换届、部门调整和负责人变更,不得影响特许经营协议履行。

想自己做个pk10赛车群第三十五条 需要政府提供可行性缺口补助的特许经营项目,应当严格按照预算法规定,综合考虑政府财政承受能力和债务风险状况,合理确定财政付费总额和分年度数额,并与政府年度预算和中期财政规划相衔接,确保资金拨付需要。

第三十六条 因法律、行政法规修改,或者政策调整损害特许经营者预期利益,或者根据公共利益需要,要求特许经营者提供协议约定以外的产品或服务的,应当给予特许经营者相应补偿。

第四章 特许经营协议变更和终止

想自己做个pk10赛车群第三十七条 在特许经营协议有效期内,协议内容确需变更的,协议当事人应当在协商一致基础上签订补充协议。如协议可能对特许经营项目的存续债务产生重大影响的,应当事先征求债权人同意。特许经营项目涉及直接融资行为的,应当及时做好相关信息披露。特许经营期限届满后确有必要延长的,按照有关规定经充分评估论证,协商一致并报批准后,可以延长。

第三十八条 在特许经营期限内,因特许经营协议一方严重违约或不可抗力等原因,导致特许经营者无法继续履行协议约定义务,或者出现特许经营协议约定的提前终止协议情形的,在与债权人协商一致后,可以提前终止协议。特许经营协议提前终止的,政府应当收回特许经营项目,并根据实际情况和协议约定给予原特许经营者相应补偿。

第三十九条 特许经营期限届满终止或提前终止的,协议当事人应当按照特许经营协议约定,以及有关法律、行政法规和规定办理有关设施、资料、档案等的性能测试、评估、移交、接管、验收等手续。

第四十条特许经营期限届满终止或者提前终止,对该基础设施和公用事业继续采用特许经营方式的,实施机构应当根据本办法规定重新选择特许经营者。因特许经营期限届满重新选择特许经营者的,在同等条件下,原特许经营者优先获得特许经营。新的特许经营者选定之前,实施机构和原特许经营者应当制定预案,保障公共产品或公共服务的持续稳定提供。

第五章 监督管理和公共利益保障

第四十一条 县级以上人民政府有关部门应当根据各自职责,对特许经营者执行法律、行政法规、行业标准、产品或服务技术规范,以及其他有关监管要求进行监督管理,并依法加强成本监督审查。县级以上审计机关应当依法对特许经营活动进行审计。

想自己做个pk10赛车群第四十二条 县级以上人民政府及其有关部门应当根据法律、行政法规和国务院决定保留的行政审批项目对特许经营进行监督管理,不得以实施特许经营为名违法增设行政审批项目或审批环节。

第四十三条 实施机构应当根据特许经营协议,定期对特许经营项目建设运营情况进行监测分析,会同有关部门进行绩效评价,并建立根据绩效评价结果、按照特许经营协议约定对价格或财政补贴进行调整的机制,保障所提供公共产品或公共服务的质量和效率。实施机构应当将社会公众意见作为监测分析和绩效评价的重要内容。

想自己做个pk10赛车群第四十四条 社会公众有权对特许经营活动进行监督,向有关监管部门投诉,或者向实施机构和特许经营者提出意见建议。

想自己做个pk10赛车群第四十五条 县级以上人民政府应当将特许经营有关政策措施、特许经营部门协调机制组成以及职责等信息向社会公

想自己做个pk10赛车群开。实施机构和特许经营者应当将特许经营项目实施方案、特许经营者选择、特许经营协议及其变更或终止、项目建设运营、所提供公共服务标准、监测分析和绩效评价、经过审计的上年度财务报表等有关信息按规定向社会公开。特许经营者应当公开有关会计数据、财务核算和其他有关财务指标,并依法接受年度财务审计。

想自己做个pk10赛车群第四十六条 特许经营者应当对特许经营协议约定服务区域内所有用户普遍地、无歧视地提供公共产品或公共服务,不得对新增用户实行差别待遇。

想自己做个pk10赛车群第四十七条 实施机构和特许经营者应当制定突发事件应急预案,按规定报有关部门。突发事件发生后,及时启动应急预案,保障公共产品或公共服务的正常提供。

第四十八条 特许经营者因不可抗力等原因确实无法继续履行特许经营协议的,实施机构应当采取措施,保证持续稳定提供公共产品或公共服务。

想自己做个pk10赛车群第六章 争议解决

第四十九条 实施机构和特许经营者就特许经营协议履行发生争议的,应当协商解决。协商达成一致的,应当签订补充协议并遵照执行。

第五十条 实施机构和特许经营者就特许经营协议中的专业技术问题发生争议的,可以共同聘请专家或第三方机构进行调解。调解达成一致的,应当签订补充协议并遵照执行。

第五十一条 特许经营者认为行政机关作出的具体行政行为侵犯其合法权益的,有陈述、申辩的权利,并可以依法提起行政复议或者行政诉讼。

第五十二条 特许经营协议存续期间发生争议,当事各方在争议解决过程中,应当继续履行特许经营协议义务,保证公共产品或公共服务的持续性和稳定性。

Chapter VII Legal Liability

第五十三条 特许经营者违反法律、行政法规和国家强制性标准,严重危害公共利益,或者造成重大质量、安全事故或者突发环境事件的,有关部门应当责令限期改正并依法予以行政处罚;拒不改正、情节严重的,可以终止特许经营协议;构成犯罪的,依法追究刑事责任。

第五十四条 以欺骗、贿赂等不正当手段取得特许经营项目的,应当依法收回特许经营项目,向社会公开。

想自己做个pk10赛车群第五十五条 实施机构、有关行政主管部门及其工作人员不履行法定职责、干预特许经营者正常经营活动、徇私舞弊、滥用职权、玩忽职守的,依法给予行政处分;构成犯罪的,依法追究刑事责任。

第五十六条 县级以上人民政府有关部门应当对特许经营者及其从业人员的不良行为建立信用记录,纳入全国统一的信用信息共享交换平台。对严重违法失信行为依法予以曝光,并会同有关部门实施联合惩戒。

Chapter VIII Supplementary Provisions

第五十七条 基础设施和公用事业特许经营涉及国家安全审查的,按照国家有关规定执行。

第五十八条 法律、行政法规对基础设施和公用事业特许经营另有规定的,从其规定。本办法实施之前依法已经订立特许经营协议的,按照协议约定执行。

想自己做个pk10赛车群第五十九条 本办法由国务院发展改革部门会同有关部门负责解释。

第六十条 本办法自2015 年6 月1 日起施行。


4.2 关于运用政府和社会资本合作模式推进公共租赁住房投资建设和运营管理的通知

想自己做个pk10赛车群财综[2015]15号

各省、自治区、直辖市、计划单列市财政厅(局)、国土资源厅(局)、住房城乡建设厅(委、局),中国人民银行上海总部、各分行、营业管理部、省会(首府)城市中心支行、副省级城市中心支行,各省、自治区、直辖市、计划单列市国家税务局、地方税务局、银监局,新疆生产建设兵团财务局、国土资源局、建设局:

为贯彻落实党的十八届三中全会精神,提高公共租赁住房供给效率,按照《财政部关于推广运用政府和社会资本合作模式有关问题的通知》(财金〔2014〕76号)和《财政部关于印发政府和社会资本合作模式操作指南(试行)的通知》(财金〔2014〕113号)有关要求,现就运用政府和社会资本合作模式(Public-Private Partnership)推进公共租赁住房投资建设和运营管理的有关事宜通知如下:

想自己做个pk10赛车群一、充分认识运用政府和社会资本合作模式推进公共租赁住房投资建设和运营管理的重要意义

政府和社会资本合作模式是政府与社会资本在公共服务领域建立的一种长期合作关系,通过这种合作和管理过程,可以更有效率地为社会提供公共服务。运用这种模式推进公共租赁住房投资建设和运营管理,有利于转变政府职能,提升保障性住房资源配置效率;有利于消化库存商品住房,促进房地产市场平稳健康发展;有利于提升政府治理能力,改善住房保障服务。运用政府和社会资本合作模式推进公共租赁住房投资建设和运营管理,作为一项政策创新和制度创新,对于稳增长、调结构、惠民生具有十分重要意义,各地要充分认识这项工作的重要性,积极有序开展试点工作。

二、运用政府和社会资本合作模式推进公共租赁住房投资建设和运营管理的基本目标和原则

(一)基本目标。通过运用政府和社会资本合作模式,发挥政府与社会资本各自优势,把政府的政策意图、住房保障目标和社会资本的运营效率结合起来,逐步建立 “企业建房、居民租房、政府补贴、社会管理”的新型公共租赁住房投资建设和运营管理模式,有效提高公共租赁住房服务质量和管理效率。

(2) Basic principles.

想自己做个pk10赛车群 1.政府组织,社会参与。政府根据本地区公共租赁住房需求状况,制定公共租赁住房发展规划和年度计划,组织合适的公共租赁住房项目开展政府和社会资本合作试点,选择社会资本参与投资建设和运营管理公共租赁住房。

想自己做个pk10赛车群 2.权责清晰,各司其职。在公共租赁住房项目合同中,明确政府与社会资本的各自责任,按照合同约定承担相应的权利、义务、责任和风险。

想自己做个pk10赛车群 3.激励相容,提高效率。通过综合运用多种政策手段,建立动态调整的租金价格机制,确保社会资本具有稳定合理的投资回报;建立严格的绩效评价机制,对项目运作、住房保障服务质量和资金使用效率等进行综合考核评价,确保公共租赁住房项目建设运营达到预期效果。

想自己做个pk10赛车群三、公共租赁住房项目政府和社会资本合作模式和条件

(一)公共租赁住房政府和社会资本合作项目的基本模式。运用政府和社会资本合作模式推进公共租赁住房投资建设和运营管理,主要是政府选择社会资本组建公共租赁住房项目公司,项目公司与政府签订合同,负责承担设计、投资建设、运营、维护管理任务,在合同期内通过 “承租人支付租金”及必要的“政府政策支持”获得合理投资回报,依法承担相应的风险;政府负责提供政策支持,定期调整公共租赁住房租金价格,加强公共租赁住房工程建设及运营维护质量监管。合同期满后,项目公司终结,并按合同约定作善后处理。政府对项目公司承担有限责任,不提供担保或承诺。

(二)公共租赁住房政府和社会资本合作项目的基本条件。适合运用政府和社会资本合作模式的公共租赁住房项目应当同时具备以下条件:1.已纳入住房保障规划和年度计划。2.项目规划所在区域交通便利,学校、医院等公共基础设施配套齐全。3.户型建筑面积符合公共租赁住房条件。户型建筑面积以40平方米左右的小户型为主,单套建筑面积控制在60平方米以内。4.承租公共租赁住房的保障对象数量稳定。5.保障对象按市场租金水平向项目公司缴纳住房租金。6.政府按保障对象支付能力给予分档补贴及其他政策支持。7.公共租赁住房运营期限不少于15年。

四、公共租赁住房政府和社会资本合作项目的适用范围

想自己做个pk10赛车群适用政府和社会资本合作模式的公共租赁住房项目主要包括:(一)政府自建自管项目;(二)政府收购的符合公共租赁住房条件的存量商品住房项目;(三)符合公共租赁住房条件且手续完备、债务清晰的停工未完工程项目;(四)以企业为主建设管理的公共租赁住房项目。

对于存量和在建的项目,特别是债务规模比较大的政府融资平台公司持有的公共租赁住房,应当在科学评估的基础上,采取招投标、拍卖、挂牌等法律法规规定的方式将公共租赁住房资产整体转让给项目公司,实行规范的政府和社会资本合作模式运作,转让收入优先用于偿还对应的存量政府债务;对于拟新建和收购的项目,从规划、设计、投资建设、运营、管理全过程均可按政府和社会资本合作模式运作。

想自己做个pk10赛车群五、规范运用政府和社会资本合作模式推进公共租赁住房投资建设和运营管理

想自己做个pk10赛车群 (一)建立公共租赁住房政府和社会资本合作项目库。各地应认真梳理、科学甄别适合政府和社会资本合作模式的公共租赁住房项目,建立项目储备库。政府和社会资本合作的公共租赁住房项目由市县财政部门会同同级住房保障部门从存量和新增项目中筛选。

(2) Do a good job in the preliminary demonstration and preparation of the project. The municipal and county financial departments, together with the housing security departments at the same level, will introduce third-party intermediary agencies and experts to conduct necessary, feasible, economic, and compliance assessments and value for money for public rental housing projects to be implemented by government and social capital cooperation. Evaluate and demonstrate whether the project meets the necessary conditions for government and social capital cooperation projects. On this basis, the financial department shall organize the demonstration of the fiscal affordability of government and social capital cooperation projects. By identifying and measuring the various financial expenditure responsibilities of the project, scientifically assess the impact of project implementation on the current and future annual financial expenditures for the project. Financial budget management provides the basis to ensure that the government effectively fulfills its contractual obligations, effectively prevents and controls financial risks, and promotes sustainable project development.

(3) Select a partner. According to the relevant laws and regulations of the "People's Republic of China Government Procurement Law" and the "Notice of the Ministry of Finance on Printing and Distributing the" Administrative Measures on Government Procurement of Government and Social Capital Cooperation Projects "(Cai Ku [2014] No. 215), etc. Factors such as operating performance, technical and management capabilities, financial strength, service quality, reputation, etc., choose the best public rental housing project partners.

(4) Organizing project companies. “政府引导、企业主导、市场运作、利益分享、风险分担”的原则,由合作企业组建项目公司,具体负责公共租赁住房项目的设计、投资、建设、运营、维护和管理。 In accordance with the principles of “government guidance, enterprise leadership, market operation, benefit sharing, and risk sharing”, a cooperative company shall form a project company, which is specifically responsible for the design, investment, construction, operation, maintenance, and management of public rental housing projects.

(5) Signing cooperation contracts. The main contents of the contract should include: the name of the public rental housing project, construction scale, investment scale, fundraising, cooperation period, unit structure, operation period, maintenance and maintenance responsibility; the quantity, quality and standard of housing security services; public rental housing rental prices And adjustment mechanisms; the content, methods, procedures and acceptance criteria of the project transfer after the expiry of the contract, involving asset disposal, the government and social capital income sharing ratios should be agreed in advance; risk sharing mechanisms for construction and operation management; conditions for project termination, Process and termination compensation; liability for breach of contract; dispute settlement methods, etc.

(6) Establish supervision and performance evaluation mechanisms. The government conducts whole-process supervision and comprehensive evaluation of public rental housing government and social capital cooperative project operation, service quality, and capital utilization efficiency, carefully grasps and determines service prices and project revenue indicators, and strengthens cost supervision, evaluation, evaluation, and price adjustment. Review, introduce a third party for social evaluation, publicize the evaluation results to the society, and use it as the basis for adjustments such as project prices, government subsidies, and cooperation periods.

6. Establish a government policy system for public rental housing supported by the government and social capital cooperation model

(1) Fiscal policy. The municipal and county financial departments make overall use of the funds arranged by the governments at all levels for public rental housing, and support the purchase and construction and operation management of public rental housing governments and social capital cooperative projects through loan discounts. The specific discount methods are in accordance with the The Measures for the Discount of Interest on Loan Projects (Cai Zong [2014] No. 76) shall be implemented. At the same time, according to the payment capacity of public rental housing guarantee objects, the subsidy will be given, and the rental subsidies will be given to families with low-income housing difficulties. In cooperation with the housing security department at the same level, the guarantee objects will be urged to pay housing rents to the project company according to the contracted market rent . For areas where the government and social capital cooperation projects of public rental housing are being piloted, the central government will not change the allocation of funds for urban affordable housing projects.

(2) Tax and fee policies. The construction of public rental housing shall be exempted from various administrative and institutional charges and government funds in accordance with the relevant provisions of the state; implement the current preferential tax policies for the purchase, construction and operation of public rental housing.

(3) Land policy. First, the land for the construction of new public rental housing can be obtained by leasing, and the rental income is included in the government fund budget management as land transfer income. Second, for newly-built public rental housing projects and the use of existing public rental housing projects allocated for construction land, with the approval of the municipal and county people's governments, the government can inject land shares into the project company to support public rental housing government and social capital cooperation projects. Participate in the sharing of income during the operation of public rental housing, but have the right to dispose of the assets. Thirdly, in the government-social capital cooperation project of newly-built public rental housing, a certain proportion of building area supporting commercial service facilities can be planned and constructed for leasing and operation to achieve capital balance and reasonable profit, but not for sales and transfer.

(4) Acquisition policy. For the purchase of existing commercial housing projects that meet the conditions of public rental housing, the purchase price is determined in accordance with the principles of government bridge, company-led, both parties' voluntary, and no loss of capital; the purchase price can also be determined according to the local public rental housing construction cost and reasonable rate of return.

(5) Financing policies. First, the banking financial institutions shall establish detailed accounting for public rental housing development loans under the real estate development loan category, and separately account for, manage, and evaluate public rental housing loans separately. On the premise of this, we will increase credit support for public rental housing pilot projects in the government and social capital cooperation model. The second is to encourage public funds such as social security funds and insurance funds to support project company financing through various methods such as debts and equity. The third is to support project companies to issue corporate bonds, and appropriately lower the threshold for the issuance of medium and long-term corporate bonds. The fourth is to support the issuance of real estate investment trusts (REITs) for public rental housing assets that cover future financing principals and interests, and to explore the establishment of a sustainable public rental housing investment and financing model based on market mechanisms.

Seven, do a good job in the implementation of government and social capital cooperation model public rental housing projects

(1) Implementing work responsibilities. The Ministry of Finance together with the Ministry of Housing and Urban-Rural Development, the State Administration of Taxation and other relevant departments have improved the implementation of fiscal and tax support policies; the Ministry of Land and Resources and the Ministry of Finance have implemented the land supply support policies; the People's Bank of China and the CBRC have guided and urged financial institutions to do a good job in financial services. The local finance, housing security, land, people's bank, and banking regulatory commissions at all levels implement work responsibilities in accordance with the division of responsibilities. At the same time, local financial departments at all levels, in conjunction with housing security departments, should formulate a pilot program for public rental housing projects in the government and social capital cooperation mode in accordance with the actual situation in the region, and guide the implementation of the project.

(2) Establish working mechanisms. Departments of finance, housing security, homeland, the People's Bank of China, the China Banking Regulatory Commission and other departments shall establish joint meetings of government and social capital cooperation models for public rental housing departments to specifically study and solve the use of government and social capital cooperation models to promote public rental housing investment construction and operation management In the process, the departments of the joint meeting should strengthen coordination and cooperate closely to ensure the implementation of various policies and measures and standardize the pilot project of public rental housing projects in the government and social capital cooperation model.

(3) Pilot projects. In 2015, all regions should promptly organize the pilot work of public rental housing projects in the government and social capital cooperation mode. The pilot projects of public rental housing in the government and social capital cooperation mode shall be selected by the municipal and county financial departments together with the housing security departments at the same level and reported to the provincial finance. The department will implement the review and confirmation jointly with the housing security department. For public rental housing projects screened by cities and counties, each province can choose a certain number of projects for piloting. For the pilot project to be implemented, the provincial financial department shall, together with the housing security department, report the project location, investment scale, construction area and number of units, cooperation mode, cooperation period, funding sources, etc. to the Ministry of Finance and the Ministry of Housing and Urban-Rural Development for the record.

Ministry of Finance Ministry of Land and Resources Ministry of Housing and Urban-Rural Development

People's Bank of China State Administration of Taxation CBRC

April 21, 2015

4.3 Promoting cooperation between governments and social capital in the field of water pollution prevention and control

Implementation comments

Caijian [2015] No. 90

Provinces, autonomous regions, municipalities directly under the Central Government, cities with separate plans, environmental protection department (bureau), Xinjiang Production Corps Finance Bureau, Environmental Protection Bureau:

Effectively strengthening the prevention and control of water pollution, ensuring national water safety, and affecting national economy and people's livelihood are key environmental protection tasks. Vigorously promoting the use of the government and social capital cooperation (PPP) model in the field of water pollution prevention and control is of great significance for improving the quality of environmental public goods and services, and improving the capacity and efficiency of water pollution prevention and control. In order to thoroughly implement the spirit of the Party Central Committee and the State Council, actively implement the water pollution prevention and control action plan, standardize the operation process of PPP projects in the field of water pollution prevention and control, improve the investment and financing environment, and guide social capital to actively participate and increase investment. The Notice on Issues Related to the Social Capital Cooperation Model (Cai Jin [2014] No. 76), put forward the following opinions on the solid promotion of PPP work in the field of water pollution prevention and control.

I. Overall goal

(1) Improve system specifications and optimize mechanism design.

In the field of water pollution prevention and control, a multi-level, integrated, and comprehensive PPP work specification system with contractual constraints, information disclosure, process supervision, and performance appraisal as its main content was established to realize risk sharing, benefit sharing, and rights integration between the two parties. Establish and improve a stable and long-term return mechanism for social capital investment in the field of water pollution prevention and control.

(2) Change the supply mode and improve the management mode.

Strengthen policy guidance such as special funds for water pollution prevention and control, and establish a fair and just investment environment for social capital. Transform government functions, broaden the supply channels of basic environmental public services, and change the government's single supply structure. Innovate the project management mode, strengthen the society's overall water pollution prevention and control capabilities, and improve the quality and management efficiency of water pollution prevention and control services.

(3) Promote water pollution prevention and improve water environment quality.

Optimize the comprehensive development of water resources and innovate the comprehensive water environment management model. Give full play to the role of the market mechanism and encourage and guide social capital to participate in the construction and operation of water pollution prevention projects. Broaden investment and financing channels, increase capital investment, and effectively improve water environmental quality.

     Second, the basic principles

(1) Adhere to the principle of stock-based.

In the field of water pollution prevention and control, the PPP model has been promoted, mainly for the stock projects with transparent and reasonable fee mechanism and relatively strong cash flow support capability. A well-proven new project can adopt the PPP model. Adhere to the principle of value for money to transform existing projects and select new projects. Encourage the combination of the natural conditions and technical characteristics of the project, innovate financing models, revitalize existing assets, form an effective way to improve project operation and management, and build a standardized PPP model of social capital full participation, full responsibility, and full life cycle management.

(2) Adhere to the principle of adapting to local conditions.

Fully consider the characteristics of projects in different regions, different river basins and lakes, and different fields, adapt to local conditions, adopt differentiated cooperation models and promotion strategies, and classify and promote government and social capital cooperation in the field of water pollution control in batches.

(3) Adhere to the principle of highlighting key points.

It will be included in areas that are supported by relevant national funds such as the dynamic list of rivers and lakes or special funds for water pollution prevention and control, and take the lead in advancing the PPP model. The rivers and lakes included in the national general guide for rivers and lakes dynamic catalogues shall actively promote the use of the PPP model in accordance with the gradual advancement and practical results.

     Third, the overall requirements

(I) Clear project boundaries.

Gradually open the field of water pollution prevention and control to social capital and promote the use of the PPP model to comprehensively improve the environment of drinking water sources, lake water conservation, ecological restoration and comprehensive improvement of river environment, lakeside and riverside buffer zone construction, wetland construction, and water conservation Forest construction, groundwater environment restoration, polluted site restoration, urban black and odorous water body treatment, comprehensive rectification of key estuary and bay environment, cleanup and rectification of sewage outfalls into the sea, pollution prevention and control of livestock and poultry breeding, agricultural non-point source pollution treatment, comprehensive treatment of rural environment, industrial park pollution Focusing on centralized treatment (including toxic emission reduction of industrial wastewater), urban sewage treatment (including recycled water utilization, sludge disposal) and pipe network construction, urban domestic garbage collection and transportation, and environmental monitoring and emergency environmental emergency treatment. Encourage effective integration of the project, implement the PPP model in a package, improve the overall profitability, and expand external benefits.

(2) Improve the return mechanism.

Comprehensively adopt user payment, government feasibility gap subsidy, government payment and other methods to support business, quasi-public welfare and public welfare projects by category. “打包”,实现组合开发,吸引社会资本参与。 Actively excavate supporting project resources with strong revenue-generating capabilities such as land development, water supply, under-forest economy, ecological agriculture, ecological fishery, and eco-tourism related to water pollution prevention and control, and encourage the implementation of urban and rural water supply and drainage integration, plant-network integration, and industry “packaging” To achieve portfolio development and attract social capital participation. We will improve the price formation mechanism in the areas of water pollution prevention and control, such as municipal sewage treatment and garbage treatment, and establish a dynamic adjustment mechanism for charging standards based on the principle of ensuring reasonable income. Optimize the government subsidy system and explore market-based risk aversion and compensation mechanisms in the field of water pollution prevention and control.

(3) Standardize operating procedures.

In the process of project identification, preparation, procurement, execution and transfer, as well as value for money evaluation, financial affordability demonstration, partner selection, establishment of income compensation mechanism, project company formation, cooperation contract signing, performance evaluation, etc. It should be promoted in accordance with the unified guidance and management measures of the Ministry of Finance on PPP work. Local financial departments at all levels, together with environmental protection departments, should study and formulate operating methods that are in line with local conditions to achieve standardized management.

     Organization and implementation

(1) Encourage PPP work in the field of water pollution prevention and control.

Environmental protection and finance departments at all levels organize and implement multi-level promotion work, and actively select potential projects from established plans such as the national economic and social development plan, the water pollution prevention action plan, the major pollutant emission reduction plan, and the special plan for water pollution prevention and control. Promptly screen and evaluate proposals for social capital to initiate PPP projects, and promote PPP work in the field of water pollution prevention and control.

(2) Organize regular selections.

For water pollution prevention and control projects that intend to adopt the PPP model, the local environmental protection and financial department will organize the preparation or entrust a third party institution to prepare an implementation plan. The implementation plan should specifically include project implementation content, product and service quality and standards, investment and financing structure, financial calculation and risk analysis, technical and economic feasibility demonstration, partner requirements, contract structure, equity distribution and risk sharing, government support methods, Supporting measures, etc. The Ministry of Finance and the Ministry of Environmental Protection organize the evaluation of PPP projects in the field of water pollution prevention every six months, and select some high-quality projects to recommend them. Local governments can voluntarily report.

(3) Strengthen evaluation and supervision.

Local financial and environmental protection departments at all levels should strengthen their organization and implementation, actively coordinate and coordinate, and study and establish deliberative co-ordination and joint review mechanisms, so as to advance vigorously and orderly. Provincial finance and environmental protection departments have established a mechanism to supervise the implementation of PPP projects.

     V. Safeguard mechanism

(1) Construction of market environment.

Establish a fair, open and transparent market environment and maintain the fundamental role of market mechanisms. Standardize the selection process of project partners and establish a reasonable risk sharing and benefit sharing mechanism. Improve risk prevention mechanisms and strengthen industry supervision and quality and price supervision. Foster third-party professional institutions and improve the consulting intermediary market. Improve the payment mechanism and encourage the use of third-party payment systems.

(2) Funding support.

Local financial departments at all levels must make overall use of relevant funds for water pollution prevention and control, optimize the use of resources, expand channels for funding sources, and give appropriate policy tilt to PPP projects. The relevant financial funds for water pollution prevention PPP projects are included in the mid-term financial planning management. Comprehensive use of financial incentives, investment subsidies, subsidies for financing costs, government payments and other methods to support the implementation of PPP projects in the field of water pollution prevention and control . “补建设”向“补运营”、“前补助”向“后奖励”转变。 Gradually shift from "replenishing construction" to "replenishing operations", "pre-subsidy" to "post-reward". Encourage social capital to establish environmental protection funds and focus on supporting PPP projects in the field of water pollution prevention and control.

(3) Financing support.

Local finance and environmental protection departments should actively coordinate with relevant departments, strive to support the enhancement of PPP project financing capabilities, establish a normalized channel to promote PPP projects to financial institutions as soon as possible, and encourage financial institutions to increase credit lines and enhance credit ratings for related projects. We will improve the incentive mechanism for social capital investment in the market, promote the paid use of emission rights, and improve the emission right trading market. Encourage the innovation of environmental financial services, support the development of pledge financing of proceeds under the emission rights, charging rights, government purchase service agreements and concession agreements, and explore the development of pledge financing of expected income from sewage and waste treatment service projects.

(4) Supporting measures.

The financial and environmental protection departments at all levels should strengthen the organization and implementation, overall coordination, fulfill their responsibilities, strengthen supervision, and effectively improve the level of water pollution prevention and control capabilities to achieve improvement in the quality of the water environment. Establish an independent, transparent, accountable and professional PPP project supervision system, implement information disclosure, encourage public participation, and accept public supervision. Establish a comprehensive evaluation system involving the government and service users, promote third-party performance evaluation, and form an evaluation result application mechanism and a post-project evaluation mechanism. The environmental protection department shall further improve the franchise management system in the field of water pollution prevention and control, reduce the entry threshold, clear the approval limits, and expand the channels for social capital.

Ministry of Finance

April 9, 2015


4.4 On the promotion and use of government and social capital in the area of toll roads

Opinions on the implementation of the cooperation model

Caijian [2015] No. 111

Provinces, autonomous regions, municipalities directly under the Central Government, cities with separate plans, bureaus of transportation (bureaus, commissions), finance bureau of Xinjiang Production and Construction Corps, bureau of transport:

In order to improve the efficiency of construction, management, maintenance and transportation of toll roads and promote the sustainable development of roads, in accordance with the "Regulations on the Management of Toll Roads" and the "State Council's Guiding Opinions on Encouraging Social Investment in Investment and Financing Mechanisms in Innovation in Key Areas" (Guo Fa [2014] No. 60) "Notice of the Ministry of Finance on Promoting the Application of the Cooperation Model between the Government and Social Capital" (Cai Jin [2014] No. 76), the Ministry of Finance and the Ministry of Transport have decided to encourage the promotion of government-social capital cooperation in the area of toll roads. , Hereinafter referred to as PPP) mode. The following comments are made:

I. Overall goal

(1) Change the supply mode.

Encourage social capital to participate in the investment, construction, operation, and maintenance of toll roads through the government and social capital cooperation (PPP) model, participate in the project's full-cycle management with the government, give full play to the respective advantages of the government and social capital, and improve the quality and supply of toll road services. effectiveness.

(2) Innovating highway investment and financing models.

“补建设”向“补运营”转变,以项目运营绩效评价结果为依据,适时对价格和补贴进行调整,支持社会资本参与收费公路建设运营,提高财政支出的引导和带动作用,拓宽社会资本发展空间,有效释放市场活力。 Social investors invest in accordance with the principles of marketization and establish project companies to build and operate toll road projects alone or with government-designated agencies. The government must gradually shift from "replenishing construction" to "replenishing operations", based on the results of project operation performance evaluation. Adjust prices and subsidies in a timely manner, support social capital in participating in the construction and operation of toll roads, increase the guidance and driving role of fiscal expenditure, broaden the space for social capital development, and effectively release market vitality.

(3) Improve the long-term mechanism for management and maintenance of toll road construction.

Establish and improve a series of reform supporting systems and mechanisms such as contract constraints, fee adjustments, information disclosure, process supervision, and performance appraisal, so as to realize risk sharing, rights and interests integration, and limited recourse for both parties.

Second, the basic principles

(4) Openness and transparency, and standardized operation.

“规范、公开、透明”的原则。 The promotion of PPP projects should adhere to the principles of "regulation, openness and transparency." In the various aspects of project demonstration, selection of partners, formulation and performance of various contracts, organizational performance evaluation, etc., we must comply with laws and regulations, and strictly disclose information in accordance with requirements and accept supervision from all parties; strictly follow franchise contracts, regulate operations, and prevent Government breach of trust and breach of contract, partners gain improper benefits.

(5) Progressive and progressive promotion.

Insist on revitalizing the stock, make good use of increments, and implement policies by category. For projects with outstanding social benefits but operating fees that are not sufficient to cover investment costs and require government subsidies for some funds or resources to carry out commercial operations, it is encouraged to design and operate according to the PPP model. In view of the fact that the national highway network is currently in the critical stage of networking and heavy construction tasks, it is important to promote highway construction projects that do require construction but have a large investment and stable expected returns, and encourage the design and operation in accordance with the PPP model. In accordance with government debt management requirements, do a good job of risk control for the transformation of financing platform company projects into PPP projects.

Implementation requirements

(6) Clarify the boundaries of PPP projects.

The toll road rights involved in the implementation of the PPP model of the toll road project include toll rights, advertising management rights and service facilities management rights. Depending on the actual situation, different projects can effectively package and integrate various rights and interests to enhance their profitability, in order to promote integrated operations and improve operational efficiency.

(7) Standardize the operation process of PPP projects.

In the process of project initiation, value for money evaluation, demonstration of financial affordability, partner selection, establishment of revenue compensation mechanism, establishment of project company, cooperation agreement signing, performance evaluation, etc., the Ministry of Finance's unified guidance on PPP work and Management measures are promoted in a standardized manner. Local financial departments at all levels, in conjunction with transportation departments, are working hard to study and formulate operating methods that are in line with local conditions to achieve standardized management.

(8) Prepare a complete PPP project implementation plan.

The implementation plan shall include the project implementation content, product and service quality and standards, investment and financing structure, financial calculation and risk analysis, technical and economic feasibility demonstration, partner requirements, contract structure, government organization, and necessary supporting measures.

(9) Strengthen evaluation and supervision.

Local finance and transportation departments should strengthen the organization and implementation, actively coordinate and coordinate, study and establish deliberative coordination and joint review mechanisms, effectively and orderly promote the promotion of PPP, and establish a supervision mechanism for PPP projects.

Fourth, safeguard measures

(10) Funding policy support.

If the fees are insufficient to meet the cost recovery and reasonable returns of social capital or project companies, financing support will be provided in accordance with the law, and support measures such as land development and use within a certain range of the project can not fully cover the costs, and reasonable financial subsidies may be considered. For projects that meet the requirements of the Interim Measures for the Administration of Local Funds for Vehicle Purchase Tax Revenue Subsidies, investment subsidies may be applied in accordance with the requirements for funding and review of key transportation projects.

(11) Related supporting policies.

Local finance and transportation departments at all levels should actively coordinate relevant departments to further improve policies on tolls and land, maintain the decisive role of the market mechanism, and establish green channels for project approval and other related aspects to advance projects.

Ministry of Finance

April 20 , 2015



4.5 On encouraging and guiding social capital to participate in the construction and operation of major water conservancy projects

Implementation comments

Development and Reform Agricultural Economics [2015] No. 488

Provinces, autonomous regions, municipalities, Xinjiang Production and Construction Corps Development and Reform Commission, Finance Department (Bureau), Water Resources (Water Affairs) Department (Bureau):

Water conservancy is an important infrastructure for national economic and social development. For major water conservancy projects with certain conditions, open the door to social investment through deepening reforms, establish an investment environment with equal rights, equal opportunities, and equal rules, and a reasonable investment income mechanism, release increments, revitalize stocks, strengthen pilot demonstrations, and encourage And guide social capital to participate in the construction and operation of the project, which is conducive to optimizing the investment structure and establishing a sound multi-channel financing mechanism for water conservancy investment; it is conducive to introducing market competition mechanisms to improve water conservancy management efficiency and service levels; it is conducive to transforming government functions and promoting government and The organic combination of the market and the strength of both hands will help speed up the improvement of the water safety guarantee system and support sustainable economic and social development. According to the spirit of the Third and Fourth Plenary Sessions of the Eighteenth Central Committee and the Fourth Central Committee of the Party and the relevant requirements of the State Council's Guiding Opinions on Encouraging Social Investment in Investment and Financing Mechanisms in Innovative Key Areas (Guo Fa [2014] No. 60), combined with the actual situation of water conservancy, the following implementation opinions are proposed .

I. Clear scope and method of participation

(1) Broaden the field of social capital entry. Except for the special provisions of laws, regulations and rules, all major water conservancy projects construction and operation will be open to social capital. As long as it is social capital, including various types of state-owned enterprises, private enterprises, foreign-invested enterprises, mixed-ownership enterprises, and other major water conservancy projects that investment and business entities are willing to invest in, in principle, social capital participation in construction and operation should be given priority. Encourage overall planning of urban and rural water supply, and implement integrated construction and operation of water source engineering, water supply and drainage, sewage treatment, and reuse of reclaimed water.

(2) Reasonably determine the project participation method. Revitalize the existing state-owned assets of major water conservancy projects, and choose a group of projects to attract social capital participation through equity transfer, commissioned operations, and integration and restructuring. The funds raised are used for new project construction. For new projects, a government and social capital cooperation (PPP) mechanism should be established and encouraged, and social capital should be encouraged to participate in major water conservancy construction operations in various forms, including franchising and equity participation. Among them, the construction and operation of integrated water conservancy hubs and water supply and drainage pipe networks in large cities must be controlled by the Chinese party in accordance with regulations. For the construction of water conservancy projects such as river and lake embankment improvement with strong public welfare and no direct benefits, social capital participation can be attracted through the combination of development with more operational projects and unified planning and implementation according to river basins.

(3) Standardize project construction procedures . Major water conservancy projects are organized in accordance with national capital construction procedures. Project announcements and project information that encourage social capital participation should be released to the society in a timely manner, and investors should be selected through tendering and other methods in accordance with the principles of openness, fairness, and impartiality. Investors should be selected. The investment and operation entities should be prepared by the organization. Implemented after approval. For projects that adopt the approval system, the approval project application report is prepared according to the procedure; for projects that adopt the approval system, the project proposal, feasibility study report, and preliminary design are prepared according to the procedure, and the approval process can be appropriately combined and simplified as needed.

(4) Sign investment and operation agreements. Social capital participates in the construction and operation of major water conservancy projects. The people's government at or above the county level or its authorized relevant departments should sign contracts with investment and investment entities to conduct asset property rights relations, liability and rights relations, construction operation standards, and supervision in project construction operations. Requirements, income and returns, contract termination, breach of contract handling, and dispute resolution are clarified. The government and investors should fully demonstrate the possible policy risks, business risks, environmental risks, and legal risks of the project, improve contract design, and improve dispute resolution and risk prevention mechanisms.

Improving preferential policies and support policies

(5) Protecting the legal rights and interests of social capital. Social capital invests in the construction or operation and management of major water conservancy projects and enjoys the same policy treatment as government-invested projects without additional conditions. The major water conservancy projects invested or constructed by social capital can be transferred, subleased, or mortgaged in accordance with the agreement, and their related rights and interests must be compensated. Compensation or compensation should be made in accordance with relevant state regulations or agreements.

(6) Give full play to the leading role of government investment. For major water conservancy construction investment, in principle, reasonable allocation and financing shall be made according to functions and benefits, and government investment shall be arranged in accordance with regulations. For similar projects, the Central Water Conservancy Investment gives priority to projects that introduce social capital. The use and quota of government investment arrangements should be comprehensively determined based on factors such as different project conditions and reasonable returns on social capital investments. The public-funded part of government-owned assets belongs to the government, and can not participate in the distribution of production and operation income according to regulations. Encourage the development of investment funds that support major water conservancy projects, and the government can support them by subscribing to fund shares and direct capital injection.

(7) Improve the management of project financial subsidies. For government and social capital cooperation (PPP) major water conservancy projects that undertake certain public welfare tasks and project income cannot cover costs and benefits, but the social benefits are better, the government can provide appropriate subsidies for engineering maintenance and maintenance costs. The scale and method of financial subsidies shall be based on the results of project operation performance evaluation, and shall be reasonably determined and dynamically adjusted by comprehensively considering factors such as product or service prices, construction costs, operating expenses, actual rate of return, and fiscal mid- and long-term affordability, and in an appropriate manner Public to the public.

(8) Improve the price formation mechanism. We will improve the mechanism where prices are mainly determined by the market, and explore the implementation of negotiated pricing by the project investment and management entities and users for major water conservancy projects in which social capital participates in water supply and power generation. Encourage the determination of power generation prices through market competition such as bidding and direct electricity trading. If the price needs to be set by the government, it is necessary to consider not only the reasonable return of social capital, but also the user's affordability, social public interests and other factors. When the price adjustment is not in place, the local government can arrange financial funds for the operating unit according to the actual situation. Reasonable compensation.

(9) Give play to the role of policy finance. We will increase credit support for major water conservancy projects and improve the discount policy. Allow water conservancy construction loans to use the project's own income and other operating income of the borrower as sources of repayment, allow water conservancy, hydropower and other assets to be used as legal mortgage collateral, and explore the feasibility of using water project-related rights as security property. “信贷+保险"合作模式,完善水利信贷风险分担机制以及融资担保体系。 Actively expand insurance service functions, explore the formation of a "credit + insurance" cooperation model, and improve water conservancy credit risk sharing mechanisms and financing guarantee systems. Further study and formulate policies and measures to support direct financing and bond financing of enterprises engaged in water conservancy construction projects, and encourage the above-mentioned enterprises that meet the conditions to pass the IPO (initial public offering and listing), additional issues, corporate bonds, project income bonds, corporate bonds, medium-term Raising funds in a variety of ways, including bills.

(10) Promote the reform of the water rights system. Carry out pilot trials of water rights registration, cultivate and standardize water rights trading markets, actively explore various forms of water rights transaction circulation, encourage water rights transactions between regions and water users, and allow localities to meet new requirements through water rights transactions Reasonable water demand, and through the reform of the water rights system to attract social capital to participate in the development and utilization of water resources and conservation. Units or individuals that have obtained water withdrawal rights in accordance with the law to save water resources by adjusting products and industrial structures, reforming processes, and saving water can transfer the savings according to law after the approval of the original approval authority within the validity period of the water withdrawal permit and the water withdrawal quota. Water resources. On the premise of guaranteeing the irrigated area, irrigation guarantee rate and farmers' interests, a sound water and water right transfer mechanism for industry and agriculture is established.

(11) Preferential taxation. For major water conservancy projects in which social capital participates, if they meet the conditions stipulated in the "Preferential Catalog of Corporate Income Taxes for Public Infrastructure Projects" and "Preferential Catalog of Corporate Income Taxes for Environmental Protection, Energy-Saving and Water-Saving Projects," starting from the tax year in which the project receives the first production and operation income In the first to third years, corporate income tax is exempted, and in the fourth to sixth years, corporate income tax is halved.

(12) Implementing construction land indicators. The national and provincial (autonomous regions, municipalities) annual plans for land use should be appropriately tilted towards major water conservancy projects, and priority protection and arrangements should be given. Land in the project reservoir area (submerged area) that does not change the nature of land use may not occupy the planned land use index, but it is necessary to implement the balance of arable land occupation and compensation. Land acquisition compensation and balance of cultivated land occupation and compensation for major water conservancy projects are subject to the same policies as major national infrastructure projects such as railways.

Implementing the responsibilities of the main investment entity

(13) Improve the corporate governance structure. Project investment and management entities shall improve the corporate legal person governance structure in accordance with the law, improve and standardize management systems for enterprise operation management, product and service quality control, finance, and employment, and continuously improve the level of enterprise management and service. Reform and improve the state-owned asset management and authorized operating system of the project, strengthen the supervision of state-owned assets with capital management as the mainstay, and ensure the realization of public welfare and strategic functions of state-owned assets.

(14) Seriously fulfill the rights and obligations of investment and management. The project investment management entity shall strictly implement the basic construction procedures, implement the project legal person responsibility system, bidding and bidding system, construction supervision system, and contract management system. Purpose Quality, safety, schedule and investment management are negative. If the investor of the franchise project that has been selected through tendering is able to construct, produce or provide the project according to law, the tendering may not be required. It is necessary to establish a sound quality and safety management system and engineering maintenance and maintenance mechanism, provide products or services in accordance with the agreed time limit, quantity, quality, and standards, and assume responsibilities and obligations such as flood control, drought resistance, and water conservation and protection in accordance with the law. Unified water resources dispatch. It is necessary to strictly implement the relevant rules and regulations and technical standards of project construction operation management, strengthen daily inspections, overhauls, and maintenance to ensure the engineering functions and safe operation.

Strengthening government services and supervision

(15) Strengthen information disclosure. Development and reform, finance, water conservancy and other departments shall publicly release information such as water conservancy plans, industry policies, technical standards, and construction projects to the public in a timely manner to ensure that social capital investment entities have timely access to relevant information. Strengthen the coordination and guidance in the early stage of project demonstration, land acquisition and resettlement, construction management, etc., and create good conditions for project construction and operation. Actively cultivate and develop market intermediary organizations that provide consulting, technology, management and market information services for social investment.

(16) Speed up project review and approval.想自己做个pk10赛车群深化行政审批制度改革,建立健全重大水利项目审批部际协调机,优化审核审批流程,创新审核审批方式,开辟绿色通道,加快审核审批进度。地方也要建立相应的协调机制和绿色通道。对于法律、法规没有明确规定作为项目审批前置条件的行政审批事项,一律放在审批后、开工前完成。

(十七)强化实施监管。想自己做个pk10赛车群水行政主管部门应依法加强对工程建设运营及相关活动的监督管理,维护公平竞争秩序,建立健全水利建设市场信用体系,强化质量、安全督,依法开展检查、验收和责任追究,确保工程质量、安全和公益性效益的发挥。发展改革、财政、城乡规划、土地、环境等主管部门也要按职责依法加强投资、规划、用地、环保等监管。落实大中型水利水电工程移民安置工作责任,由移民区和移民安置区县级以上地方人民政府负责移民安置规划的织实施。

(十八)落实应急预案。政府有关部门应加强对项目投资经营主体应对自然灾害等突发事件的指导,监督投资经营主体完善和落实各类应预案。在发生危及或可能危及公共利益、公共安全等紧急情况时,政府可采取应急管制措施。

(十九)完善退出机制。政府有关部门应建立健全社会资本退出机制,在严格清产核资、落实项目资产处理和建设与运行后续方案的情况下,允许社会资本退出,妥善做好项目移交接管,确保水利工程的顺利实施和持续安全运行,维护社会资本的合法权益,保证公共利益不受侵害。

(二十)强后评价和绩效评价。想自己做个pk10赛车群开展社会资本参与重大水利工程项目后评价和绩效评价,建立健全评价体系和方式方法,根据评价结果,依据合同约定对价格或补贴等进行调整,提高政府投资决策水平和投资效益,激励社会资本通过管理、技术创新提高公共服务质量和水平。

(二十一)加强风险管理。各级财政部门要做好财政承受能力论证,根据本地区财力状况、债务负担水平等合理确定财政补贴、政府付费等财政支出规模,项目全生命周期内的财政支出总额应控制在本级政府财政支出的一定比例内,减少政府不必要的财政负担。各省级发展改革委要将符合条件的水利项目纳入PPP项目库,及时跟踪调度、梳理汇总项目实施进展,并按月报送情况。各省级财政部门要建立PPP项目名录管理制度和财政补贴支出统计监测制度,对不符合条件的项目,各级财政部门不得纳入名录,不得安排各类形式的财政补贴等财政支出。

五、做好组织实施

(二十二)加强组织领导想自己做个pk10赛车群 。各地要结合本地区实际情况,抓紧制订鼓励和引导社会资本参与重大水利工程建设运营的具体实施办法和配套政策措施。发展改革、财政、水利等部门要按照各自职责分工,认真做好落实工作。

(二十三)开展试点示范。国家发展改革委、财政部、水利部选择一批项目作为国家层面联系的试点,加强跟踪指导,及时总结经验,推动完善相关政策,发挥示范带动作用,争取尽快探索形成可复制、可推广的经验。各省(区、市)和新疆生产建设兵团也要因地制宜选择一批项目开展试点。

(二十四)搞好宣传引导想自己做个pk10赛车群 。各地要大力宣传吸引社会资本参与重大水利工程建设的政策、方案和措施,宣传社会资本在促进水利发展,特别是在重大水利工程建设运营方面的积极作用,让社会资本了解参与方式、运营方式、盈利模式、投资回报等相关政策,稳定市场预期,为社会资本参与工程建设运营营造良好社会环境和舆论氛围。

想自己做个pk10赛车群国家发展改革委 财政部 水利部

March 17, 2015

4.6 国家发展改革委   国家开发银行关于推进开发性金融支持政府和社会资本合作有关工作的通知

想自己做个pk10赛车群发改投资[2015]445号

想自己做个pk10赛车群各省、自治区、直辖市、计划单列市及新疆生产建设兵团发展改革委,国家开发银行各分行:

为落实国务院领导关于切实保障重点投入、运用融资机制放大效应的批示精神,根据《国务院关于创新重点领域投融资机制鼓励社会投资的指导意见》(国发[2014]60号)以及《国家发展改革委关于开展政府和社会资本合作的指导意见》(发改投资[2014]2724号)等文件要求,现就推进开发性金融支持政府和社会资本合作(PPP)有关工作通知如下:

一、各省(区、市)发展改革部门要高度重视推进PPP工作,认真做好PPP项目的统筹规划、综合协调及跟踪指导;要进一步完善配套政策、破除行业垄断,积极营造良好合作环境;要加强PPP项目库建设,坚持按月调度分析,加快项目实施进度。

想自己做个pk10赛车群二、各省(区、市)发展改革部门要加强协调,积极引入外资企业、民营企业、中央企业、地方国企等各类市场主体,灵活运用基金投资、银行贷款、发行债券等各类金融工具,推进建立多元化、可持续的PPP项目资金保障机制。

三、各省(区、市)发展改革部门要加强与开发银行等金融机构的沟通合作,及时共享PPP项目信息及调度情况,协调解决项目融资、建设中存在的问题和困难。要会同有关部门加快项目审批核准等前期工作,协调落实建设条件,为融资工作顺利推进创造条件。

四、开发银行充分发挥开发性金融的中长期融资优势及引领导向作用,积极为各地的PPP 项目建设提供 “投资、贷款、债券、租赁、证券”等综合金融服务,并联合其他银行、保险公司等金融机构以银团贷款、委托贷款等方式,努力拓宽PPP项目的融资渠道。

五、开发银行积极提供规划咨询、融资顾问、财务顾问等服务,提前介入并主动帮助各地做好建设项目策划、融资方案设计、融资风险控制、社会资本引荐等工作,切实提高PPP项目的运作效率。

六、开发银行加强信贷规模的统筹调配,优先保障PPP项目的融资需求。在监管政策允许范围内,给予PPP项目差异化信贷政策,对符合条件的项目,贷款期限最长可达30年,贷款利率可适当优惠。建立绿色通道,加快PPP项目贷款审批。

七、开发银行认真贯彻国发〔2014〕60 号文件关于想自己做个pk10赛车群 “探索创新信贷服务”的要求,不断创新和完善PPP项目贷款风险管理体系,通过排污权、收费权、特许经营权、购买服务协议项下权益质押等方式,建立灵活有效的信用结构,切实防范贷款风险。

八、各省(区、市)发展改革部门、开发银行各分行要加强沟通,密切合作,协力推进PPP项目顺利实施。要及时将各地PPP项目的进展情况、存在问题以及有关建议分别报送至国家发展改革委及开发银行总行。

National Development and Reform Commission

China Development Bank

想自己做个pk10赛车群 2015年3月10日


4.7 民政部   Development and Reform Commission   Ministry of Education   Ministry of Finance   Ministry of Human Resources and Social Security   Ministry of Land and Resources   Ministry of Housing and Urban-Rural Development   National Health and Family Planning Commission   CBRC   保监会关于鼓励民间资本参与养老服务业发展的实施意见

想自己做个pk10赛车群民发〔2015〕33号

想自己做个pk10赛车群各省、自治区、直辖市民政厅(局)、发展改革委、教育厅(局)、财政厅(局)、人力资源社会保障厅(局)、国土资源厅(局)、住房城乡建设厅(局),卫生计生委、银监局、保监局,各计划单列市民政局、发展改革委、教育局、财政局、人力资源社会保障局、国土资源局、住房城乡建设局、卫生局、银监局、保监局,新疆生产建设兵团民政局、发展改革委、教育局、财政局、人力资源社会保障局、国土资源局、住房城乡建设局、卫生局:

想自己做个pk10赛车群根据《国务院关于加快发展养老服务业的若干意见》(国发〔2013〕35号)精神,为了充分发挥市场在资源配置中的决定性作用和更好地发挥政府作用,逐步使社会力量成为发展养老服务业的主体,现就鼓励民间资本参与养老服务业发展,提出如下意见。

     一、鼓励民间资本参与居家和社区养老服务  

鼓励民间资本在城镇社区举办或运营老年人日间照料中心、老年人活动中心等养老服务设施,为有需求的老年人,特别是高龄、空巢、独居、生活困难的老年人,提供集中就餐、托养、助浴、健康、休闲和上门照护等服务,并协助做好老年人信息登记、身体状况评估等工作。符合民办非企业单位登记条件的居家和社区养老服务机构,可以依法登记为民办非企业单位,其他机构依法登记为企业。

通过政府购买服务、协调指导、评估认证等方式,鼓励民间资本举办家政服务企业、居家养老服务专业机构或企业,上门为居家老年人提供助餐、助浴、助洁、助急、助医等定制服务。积极引导有条件的居家养老服务企业实行规模化、网络化、品牌化经营,增加和扩大网点,提高养老服务的可及性。支持社区居家养老服务网点引入社会组织和家政、教育、物业服务等企业,兴办或运营形式多样的养老服务项目。鼓励专业居家养老机构对社区养老服务组织进行业务指导和人员培训。

推进养老服务信息化建设,逐步实现对老年人信息的动态管理。支持民间资本运用互联网、物联网、云计算等技术手段,对接老年人服务需求和各类社会主体服务供给,发展面向养老机构的远程医疗服务,发展老年电子商务,为老年人提供紧急呼叫、家政预约、健康咨询、物品代购、服务缴费等服务项目。有条件的地方,可为居家老年人免费配置想自己做个pk10赛车群 “一键通”等电子呼叫设备。

     二、鼓励民间资本参与机构养老服务  

支持采取股份制、股份合作制、PPP(政府和民间资本合作)等模式建设或发展养老机构。

鼓励社会力量举办规模化、连锁化的养老机构,鼓励养老机构跨区联合、资源共享,发展异地互动养老,推动形成一批具有较强竞争力的养老机构。

想自己做个pk10赛车群支持机关、企事业单位将所属的度假村、培训中心、招待所、疗养院等转型为养老机构,支持民间资本对企业厂房、商业设施及其他可利用的社会资源进行整合和改造,用于养老服务。

想自己做个pk10赛车群鼓励将政府投资举办的养老机构特别是新建机构,在明晰产权的基础上,通过公开招投标,以承包、联营、合资、合作等方式,交由社会力量来运营,实现运行机制市场化。有条件的地方,可稳妥开展把专门面向社会提供经营性服务的公办养老机构转制成为企业或社会组织的试点工作,完善法人治理结构。

想自己做个pk10赛车群鼓励通过政府购买服务的方式,支持民办养老机构接收城乡特困人员或政府承担照料责任的其他老年人。

     三、支持民间资本参与养老产业发展  

鼓励和引导民间资本拓展适合老年人特点的文化娱乐、教育、体育健身、休闲旅游、健康服务、精神慰藉、法律维权等服务,加强对残障老年人专业化服务。

支持企业开发安全有效的康复辅具、食品药品、服装服饰等老年用品用具和服务产品,引导商场、超市、批发市场设立老年用品专区专柜,鼓励有条件的地区建立老年用品一条街或专业交易市场。鼓励已有电商平台完善服务功能,增加适应老年人消费需求及特点的商品和服务。

想自己做个pk10赛车群鼓励民间资本参与老年公寓和居住区养老服务设施建设以及既有住宅适老化改造。对按照《城市居住区规划设计规范》、《老年人居住建筑设计标准》等建设标准规划建设的适老住区和老年公寓项目中,其配套的符合独立登记条件的养老机构按规定享受相应的扶持政策。

想自己做个pk10赛车群扶持发展龙头企业,特别要发展居家养老服务企业,培育一批带动力强的龙头企业和知名度高的养老服务业品牌,形成一批产业链长、覆盖领域广、经济社会效益显著的产业集群。

引导和规范商业银行、保险公司、证券公司等金融机构开发适合老年人的理财、信贷、保险等产品。

     四、推进医养融合发展  

支持有条件的养老机构内设医疗机构或与医疗卫生机构签订协议,为老年人提供优质便捷的医疗卫生服务。各级卫生计生行政部门要对养老机构设立医务室、护理站等医疗机构给予大力支持,积极提供便利;按规定进行设置审批和执业登记。

想自己做个pk10赛车群养老机构内设医疗机构符合职工基本医疗保险、城镇居民基本医疗保险和新型农村合作医疗定点医疗机构条件的,要按规定申请纳入定点范围。在定点医疗机构发生的符合规定的医疗康复项目费用,可按规定纳入基本医疗保险支付范围。

扶持和发展护理型养老机构建设。对民间资本投资举办的护理型养老机构,在财政补贴等政策上要予以倾斜。

想自己做个pk10赛车群要将养老机构内设医疗机构及其医护人员纳入卫生计生行政部门统一指导,在资格认定、职称评定、技术准入和推荐评优等方面,与其他医疗机构同等对待。

加强对养老机构中医师、执业护士、管理人员等的培训,强化医养融合发展的人才保障。鼓励医师和执业护士到养老机构、医疗机构中提供服务。

促进医疗卫生资源进入社区和居民家庭,加强居家和社区养老服务设施与基层医疗卫生机构的合作。

     五、完善投融资政策  

加大对养老服务业发展的财政资金投入。有条件的地区,可设立专项扶持资金。充分利用支持服务业发展的各类财政资金,探索采取建立产业基金、PPP等模式,支持发展面向大众的社会化养老服务产业,带动社会资本加大投入。通过中央基建投资等现有资金渠道,对社会急需、项目发展前景好的养老项目予以适当扶持。

想自己做个pk10赛车群民政部本级彩票公益金和地方各级政府用于社会福利事业的彩票公益金,要将50%以上的资金用于支持发展养老服务业,并随老年人口的增加逐步提高投入比例。其中,支持民办养老服务发展的资金不得低于30%。

想自己做个pk10赛车群民办非营利性养老机构应当为捐资举办,机构享有对其资产的法人财产权,捐资人(举办者)不拥有对所捐赠财产的所有权。对于举办者没有捐赠而以租赁形式给予组织使用的固定资产、以及以借款方式投入组织运营的流动资金,允许其收取不高于市场公允水平的租金和利息。行业管理部门和登记管理机关应当对其关联交易进行披露并进行必要监管。

民办非营利性养老机构停办后,应当依法进行清算,其剩余资产由民政部门负责统筹,以捐赠形式纳入当地政府养老发展专项基金。原始捐资有增值的,经养老机构决策机构同意并经审计符合规定的,可对捐资人(举办者)给予一次性奖励。

想自己做个pk10赛车群鼓励通过财政贴息、补助投资、风险补偿等方式,支持金融机构加快金融产品和服务方式创新, 推进实施健康与养老服务工程。研究以养老服务产业为基础资产的证券化产品,稳步推进金融机构直接或间接投资养老服务业。

Broaden the scope of credit mortgage collateral to allow private pension institutions to use fixed assets such as land use rights and real estate with clear property rights to obtain mortgage loans, and real estate registration agencies to provide mortgage registration procedures.

     Implementing preferential policies for taxes and fees  

The nursing services provided by private pension institutions are exempt from business tax. The transfer of real estate and land use rights involved in the asset restructuring process of pension institutions does not levy value-added tax and business tax.

Further implement the state's relevant preferential tax policies for supporting small and micro enterprises, and grant eligible value-added tax, business tax, and income tax benefits to eligible small and small-profit pension service enterprises in accordance with relevant regulations.

For domestic help services such as elderly care provided by employee-based domestic helpers, domestic business services are exempted from business tax during the validity period of the policy.

The income from qualified private welfare and non-profit pension institutions is exempted from corporate income tax in accordance with regulations.

Real estate tax and urban land use tax are exempted for privately owned welfare and non-profit pension institutions for their own use. The cultivated land occupation tax exemption shall be exempted for the places in the privately-owned nursing homes that have been approved to provide special care for the elderly.

Donations to enterprises, institutions, social groups and individuals through public welfare social groups or people's governments at or above the county level for public welfare under the "People's Republic of China's Public Welfare Donation Law" shall not exceed annual profits in accordance with relevant regulations A deduction of 12% of the total amount is allowed. Donations made by individuals to welfare and non-profit private pension institutions through non-profit social groups and government departments are allowed to be deducted in full before paying personal income tax.

The construction of private non-profit old-age care institutions is exempted from related administrative and institutional charges, and the construction of for-profit old-age care institutions is halved by relevant administrative and institutional charges.

     Strengthening talent protection  

Support vocational colleges to set up professional services related to pension services and expand the scale of talent training; accelerate the development of undergraduate education in nursing services, actively develop graduate education in nursing services, and cultivate gerontology, population and family, population management, geriatric medicine, traditional Chinese medicine bone injuries, rehabilitation Professionals in nursing, nutrition, psychological, and social work. “3+2”、五年一贯制等中高职一体化人才培养。 Expand talent training channels, open up the training and development channels for technical and technical talents, and promote the integration of “3 + 2” and other five-year consistent systems for medical professionals . Prepare and implement the National Development Plan for Elderly Education (2015-2020). Give full play to the role of the Open University, carry out continuing education and distance education, and further improve the overall quality of the elderly service practitioners.

Relying on vocational colleges and old-age institutions, etc., to strengthen the training of elderly care workers, and to provide subsidies to employees who are qualified to participate in old-age care vocational training and vocational skills appraisal.

Eligible doctors are allowed to carry out multi-point practice in medical institutions of private aged care institutions. Encourage private aged care institutions to introduce social work talent. The professional and technical personnel employed in private pension institutions shall be subject to the same practice qualifications and registration assessment policies as public institutions.

Do a good job in issuing guidance prices for pension care staff, and guide private pension institutions and organizations to reasonably determine labor compensation for pensioners. Pension institutions and organizations shall pay social insurance premiums in full in accordance with the law, and provide social insurance subsidies to pension institutions that recruit people with employment difficulties in accordance with regulations. Persons with employment difficulties who engage in home-based endowment services in a flexible employment manner may enjoy social security subsidies for flexible employment in accordance with regulations. Actively improve the working conditions of elderly caregivers, and strengthen labor protection and occupational protection.

     Promote the orderly participation of private capital  

Establish and improve the working mechanism of government leadership, civil affairs leadership, and the participation of relevant departments, give full play to the role of various coordinating institutions for the provision of elderly care services, strengthen policy coordination, analyze issues on a regular basis, and jointly study and encourage the participation of private capital in the development of the elderly care service industry Initiatives.

The civil affairs department shall earnestly perform the duties of supervision and management, industry norms, and business guidance, and timely prepare the development plan for the elderly service industry. Development and reform departments shall incorporate the elderly service industry into the economic and social development plan and support the construction of an elderly service system. Housing and urban-rural construction departments shall formulate standards for the construction of elderly care facilities, organize the preparation of special plans for elderly care facilities, and guide the orderly construction of elderly care facilities. Other relevant departments should perform their respective duties, divide labor according to their responsibilities, and do a good job of encouraging private capital to participate in the development of the aged care service industry.

Carry out relevant policies and regulations for the elderly service industry, establish an open, transparent and standardized system for the admission, withdrawal and supervision of the elderly service industry, and create a market environment of equal participation and fair competition. All areas of elderly care services not explicitly prohibited by laws and regulations must be opened to private capital.

Accelerate the formulation and improvement of relevant standards for senior care services, establish and improve a standard system for senior care services, and continuously improve the standardization and standardization of senior care services. Strengthen the tracking and monitoring of private capital entering the elderly service industry.

Cultivate and develop the elderly service industry association, give play to its role in industry self-discipline, supervision and evaluation, communication and coordination, and promote the formation of a management mechanism combining government, social organizations and elderly service entities.

     Nine, protect the demand for land  

Land required for private capital to invest in the construction of old-age service facilities shall be governed by the state's policies for the supply, development and utilization of old-age service facilities. (The Ministry of Land and Resources issued [2014] No. 11) related regulations, and actively do a good job in land use services.

Ministry of Civil Affairs Development and Reform Commission Ministry of Education Ministry of Finance Ministry of Human Resources and Social Security Ministry of Land and Resources Ministry of Housing and Urban-Rural Development Health and Family Planning Commission CBRC CIRC

February 3, 2015


4.8 Effectively implement the "Administrative Measures for Infrastructure and Public Utilities Franchise"

Notice of implementation

Development and Reform Regulations [2015] No. 1508

Provinces, autonomous regions, municipalities directly under the Central Government and cities with separate plans, deputy provincial capitals, and the Xinjiang Production and Construction Corps Development and Reform Commission:

Carrying out infrastructure and public utility franchising is an important reform and institutional innovation, and is an important measure to stabilize growth, promote reform, adjust the structure, and benefit the people's livelihood. In order to guide and regulate the franchise operation of infrastructure and public utilities, after the review and approval of the 89th executive meeting of the State Council, our committee jointly issued the "Infrastructure and Public Utilities" with the Ministry of Finance, the Ministry of Housing, Urban and Rural Construction, the Ministry of Transport, the Ministry of Water Resources and the People's Bank of China. Franchise Management Measures "(Order No. 25 of 6 ministries and commissions including the National Development and Reform Commission, hereinafter referred to as the" Measures "). In order to do a good job of implementing the "Measures" and in combination with the actual situation of development and reform work, we hereby notify the relevant matters as follows:

I. Fully understand the significance of implementing the Measures

(1) The "Measures" are important measures to implement the requirements of the 18th CPC National Congress and the 3rd and 4th Plenary Sessions of the 18th CPC Central Committee on strengthening the construction of the market legal system and the formulation of specific measures for non-public enterprises to enter the franchise field. Important reforms and institutional innovations. The "Measures" summarizes domestic and foreign institutional construction and practical experience, innovates investment and financing systems and mechanisms in key areas, and provides basic institutional compliance for infrastructure and public utility franchising.

“大众创业、万众创新”形成经济发展“双引擎”;有利于推进政府职能转变,保障社会公共利益,提高公共服务的质量和效率;有利于切实推进基础设施和公用事业建设,加快缓解制约我国科学发展和长远发展的瓶颈,为实现经济平稳可持续增长奠定坚实基础。 (2) Implementing the Measures and vigorously promoting franchising in the field of infrastructure and public utilities will help to leverage social investment, stimulate the vitality of social and private investment, increase the supply of public goods and services, and promote "public entrepreneurship and innovation for all." Form a "dual engine" of economic development; help to promote the transformation of government functions, protect social public interests, and improve the quality and efficiency of public services; help to effectively promote the construction of infrastructure and public utilities, and accelerate the alleviation of the bottlenecks that limit China's scientific and long-term development To lay a solid foundation for achieving stable and sustainable economic growth.

(3) Development and reform departments at all levels must attach great importance to the implementation of the Measures, effectively implement the implementation of various policies and measures, broaden investment channels through franchising, attract more social and private investment to participate in key construction, and play a key role in investment Provide important support for stabilizing growth, promoting reform, restructuring and benefiting people's livelihood.

Key tasks for implementing the Measures

(1) Take the initiative to strengthen overall coordination. Infrastructure and utility franchising involves a wide range of fields and departments. In order to strengthen guidance and coordination, form a joint effort among departments, and promote the orderly development of franchise operations, local development and reform departments at all levels must actively take the lead in establishing relevant departments under the unified leadership of the government. The departmental coordination mechanism that the departments participate in summarizes and analyzes the infrastructure and public utility franchise projects in the region, coordinates the franchise policies and measures, and organizes and coordinates the implementation and supervision of franchise projects in the administrative region.

(2) Improve policies and promote the implementation of the system. Local development and reform departments at all levels must conscientiously review the relevant regulations on franchising issued by their own departments in the region. If they are inconsistent with the Measures, they must request for cleanup and revision work in accordance with legal procedures to promote the unification of system rules. In accordance with the provisions of the Measures on simplifying the examination and approval, local development and reform departments at all levels should sort out the examination and approval matters in charge of their own departments, simplify the process and regulate the time limit, and at the same time promote local governments and relevant departments to establish green channels for franchise operations, and implement parallel examinations and linkages. The Joint Audit Office will reduce the burden on investors; in accordance with the policy measures such as the feasibility assessment of franchise, the determination and adjustment mechanism of franchise price charges, and financing services and government investment support, etc., in accordance with the actual conditions of the region, Strengthen policy guidance, enhance investor confidence, and stabilize private investment expectations.

(3) Actively guide and promote franchising. Vigorously promote the construction of franchise projects. Development and reform departments at all levels must effectively complete the overall planning and coordination of franchise projects in accordance with the overall national economic and social development norms, land use planning, and urban and rural planning, and in combination with economic and social development needs. According to the conditions stipulated in the Measures, in the fields of infrastructure and public utilities such as energy, transportation, water conservancy, environmental protection, municipal engineering, social undertakings, etc., a wide range of projects suitable for franchising should be selected, preliminary research should be deepened, and key projects should be promoted actively. Using construction-operation-transfer (BOT), construction-owner-operation-transfer (BOOT), construction-transfer-operation (BTO), design-build-finance-operation (DBFO), reconstruction-operation-transfer (ROT), Build-Own-Operate (BOO), Transfer-Operate-Transfer (TOT), Operation Management (O & M) and other methods for franchising. Vigorously strengthen publicity and promotion, and work with relevant departments to promote project organization and implementation. It is necessary to implement the various encouragement and support measures stipulated in the Measures, establish and improve the project construction operation service system, coordinate and solve major problems in the process of project implementation in a timely manner, accelerate the project construction, and promote the early operation of the franchise project and see early results.

(4) Widely publicize and promote capacity building. Development and reform departments at all levels should use the news media to take various forms such as expert interviews, policy interpretations, and special reports to widely publicize the Measures, and organize training, consulting services, and experience promotion. Improve the government decision support system such as expert consultation and evaluation of third-party agencies as soon as possible, promote information disclosure in conjunction with relevant departments, and timely disclose to the society information such as franchise regulations, policies and measures, and project implementation.

Development and reform departments at all levels should, in accordance with the above-mentioned principles and requirements, and in accordance with local realities, formulate and implement implementation plans, and timely summarize the new situation and new experience in the implementation of the region. The National Development and Reform Commission will strengthen guidance and coordination, assist in solving major issues in the implementation of the Measures, and summarize and promote the implementation experience of franchise projects. In the second half of the year, the implementation of various regions will be supervised and inspected in a timely manner. Locals will be notified.

National Development and Reform Commission


4.9 Implementation Opinions on Further Encouraging and Expanding Social Capital Investment in Railway Construction

Development and Reform Foundation [2015] No. 1610

Provinces, autonomous regions, municipalities directly under the Central Government, Xinjiang Production and Construction Corps Development and Reform Commission, Department of Finance, Department of Land and Resources, China Railway Corporation, and enterprises with separate plans:

Railways are the main artery and key infrastructure of the national economy. Speeding up the construction of railways is of great significance for stabilizing growth, adjusting the structure, and benefiting people's livelihood. Attracting social capital is an important measure to deepen the reform of railway investment and financing systems and accelerate railway construction. In order to implement the spirit of the 18th National Congress of the Party and the 3rd and 4th Plenary Sessions of the 18th Central Committee, in accordance with the State Council's Opinions on Reforming the Railway Investment and Financing System and Accelerating Railway Construction (Guo Fa [2013] No. 33), Guiding Opinions on Encouraging Social Investment in Investment and Financing Mechanisms in Key Areas (Guo Fa [2014] No. 60) and Opinions of the National Development and Reform Commission on Improving the Role of Transport and Supporting Economic and Social Development at Present (Basis of Development and Reform [2015] No. 969), further encourage and expand social capital investment in railways, broaden investment and financing channels, improve investment environment, rationally allocate resources, promote market competition, promote innovation in systems and mechanisms, and accelerate the development of railways. The following are proposed: opinion:

I. Fully open the railway investment and operation market

(1) Actively encourage social capital to fully enter the railway field, and all types of railway projects included in the medium and long-term railway network plan, special plans approved by the state, and regional plans are open to social capital except where expressly prohibited by laws and regulations.

“走出去”项目。 (2) Focus on encouraging social capital to invest in the construction and operation of intercity railways, municipal (suburban) railways, resource development railways and branch railways, and encourage social capital to participate in investment in railway passenger and cargo transportation services and railway "going out" projects. Support powerful enterprises to invest in the construction and operation of trunk railways in accordance with relevant state regulations.

Second, promote diversification of investment and financing methods

(3) Support social capital to construct and operate railways in various investment modes such as sole investment and joint ventures, and open railway ownership and management rights to social capital.

(4) Promoting the government and social capital cooperation (PPP) model, using franchising, equity cooperation, and other methods to obtain reasonable returns through transportation revenue and related development revenue.

(5) Support the Railway Corporation to revitalize railway assets through capital operation methods such as equity transfer, equity replacement, asset mergers and acquisitions, restructuring and restructuring, broadly attract social capital participation, expand channels for railway construction funding, and optimize the structure of existing assets.

(6) Broaden the channels for railway development funds to attract social capital and expand the fundraising scale. In accordance with the principle of special affairs, support the development of railway development funds through the establishment of special trust plans and public fund products, various social funds and funds to invest in railway development funds, and obtain reasonable and stable returns in accordance with the agreement.

Third, improve the implementation mechanism of social capital investment

(7) Project selection and announcement. According to the needs of economic and social development and planning requirements, development and reform departments at all levels do a good job of project reserve and screening, publicly release project information to the society in a timely manner, and preferentially recommend railway projects with better market prospects and stable investment returns. For social capital out-of-plan projects, based on scientific evidence, actively advance the project's preliminary work and study and incorporate them into relevant plans.

(8) Open and transparent selection of investment entities. Through a variety of competition methods, such as bidding and competitive negotiation, fair selection of investment entities with strong financing strength, good credit status, and relevant professional capabilities. All localities publicly announce the selection of investment entities to the society, and determine investment entities in accordance with relevant laws and regulations. Social capital investment railway projects are organized and constructed in accordance with the state's capital construction procedures in accordance with the relevant regulations of the State Council's investment and financing system reform.

(9) Clarify implementing agencies and responsibilities. The local implementing agency for the introduction of social capital shall be the relevant department, institution, etc. authorized by the provincial people's government, and shall be responsible for the preliminary research of the project, the preparation of the project implementation plan, the selection of the investment subject, the signing of the project contract, and the implementation of the project . For inter-provincial (regional, municipal) projects, the relevant provinces (regions, municipalities) will negotiate to determine the implementation organization. The project implementation plan focuses on social capital investment forms, basic conditions of investment entities, construction and operation standards, regulatory requirements, project investment return mechanisms, investment entity selection methods, project contract terms, project risks, and exit mechanisms. After the implementation plan is evaluated and approved, as an important basis for the selection of investment entities and project implementation, the opinions of the public and experts should be fully listened to when necessary.

(10) Improve risk prevention and supervision mechanisms. Relevant provincial government departments and investors should fully analyze the project's possible policy risks, business risks, environmental risks, legal risks, etc., improve contract design, and establish and improve dispute resolution, risk prevention, and supervision mechanisms. All localities should reasonably determine the government's participation method based on the financial situation to prevent government debt risks.

(11) Improve the exit mechanism. Clarify the conditions for the withdrawal of social capital, and provide diversified, standardized, market-based exit channels for social capital in accordance with relevant laws and conventions, and protect the public interests of society and the legitimate rights and interests of operators from being infringed. For government and social capital cooperation (PPP) projects involving asset transfers, after the expiration of the cooperation period, they should organize the project acceptance and asset delivery in a timely manner in accordance with the transfer form, transfer content, and transfer standards agreed in the contract, and properly complete the project transfer. .

(12) Strengthen post-evaluation and performance evaluation. Implementation agencies regularly organize post-evaluation and performance evaluation of social capital investment railway projects, and establish and improve evaluation systems in terms of safety, service, and efficiency. The evaluation results can be used as the basis for the government to increase support and improve supervision, encourage social capital to continuously improve management, promote technological innovation, and improve service levels.

Fourth, to further improve the social capital investment environment

(13) Effectively protect the legitimate rights and interests of social capital. In accordance with relevant laws and regulations, maintain the equal market subject status of enterprises. The independent decision-making power of the enterprise shall be guaranteed in accordance with the law, and it shall not interfere with the normal activities of the enterprise in the construction process of survey and design, engineering bidding, project construction, and equipment procurement. Support enterprises to independently choose appropriate transportation management methods, and can implement autonomous transportation scheduling within the pipeline if conditions permit. Encourage different investment entities to open various types of railway resources to each other in accordance with the principle of equality and mutual benefit to realize the sharing of road network resources. For railway projects that implement market-adjusted prices in accordance with regulations, enterprises will independently set specific freight rates based on market supply and demand and competition.

(14) Performing investment management rights and obligations in accordance with law. Social capital should improve the corporate legal person governance structure in accordance with the requirements of modern enterprise systems. Strictly follow the basic construction procedures and fulfill the legal person responsibility of the project. Undertake responsibility for safety, quality, and environment in accordance with the law, and fulfill the social responsibility and public service obligations of transportation enterprises in accordance with relevant national regulations on railway transportation services and transportation dispatching, and obey national emergency dispatching and management.

(15) Further improve the service of the National Railway. The Railway Corporation shall make efforts to improve the liquidation system, publicize the rules of liquidation, improve the liquidation platform, open relevant facilities to social capital, actively provide technical support, personnel training and management services, and realize line use, station services, technical operations, facility maintenance, and commissioning. The contents and charging standards of various railway socialized service projects such as transportation are open and transparent, and the legitimate rights and interests of social capital are effectively safeguarded.

(16) Standardize and simplify the connecting procedures of the national railway. The Railway Corporation shall further standardize and simplify the relevant procedures and procedures for connection review, clarify the time limit for processing, and actively support social capital investment in the connection of the railway with the national railway. In accordance with the principle of openness and fairness, prior to the implementation of the project, the relevant engineering and technical schemes for the integration shall be negotiated and confirmed in a timely manner, an agreement for the integration intention shall be signed, and the acceptance acceptance standards shall be clearly defined. The scope of the connecting project and the asset interface shall be reasonably defined, and the investment in the related renovation projects due to the connecting shall be clearly shared, and shall be shared by both parties on an equal basis and reasonably.

(17) Strengthen market supervision. The State Administration of Railways has strengthened supervision of transport order, and explored the establishment of market-based clearing and dispute coordination and arbitration mechanisms. All enterprises should collect service fees reasonably, and consciously regulate price behavior in accordance with the principles of legality, fairness, and integrity. The competent price departments at all levels shall strengthen the supervision of various social service items and charging standards, regulate charging behaviors, investigate and punish price violations in accordance with the law, and maintain normal market price order.

V. Increase policy support for social capital investment

(18) Promote comprehensive land development. Social capital investing in railways enjoys the state's policies on supporting railway construction and implementing comprehensive land development, and increases revenues by developing land, property, commerce, advertising and other resources adjacent to railway land and stations.想自己做个pk10赛车群支持盘活既有铁路用地,在符合土地利用总体规划的前提下,鼓励新建项目按照一体规划、联动供应、立体开发、统筹建设的原则实施土地综合开发。各地要统筹做好铁路站场及毗邻地区相关规划,及时办理用地、规划许可等手续。

想自己做个pk10赛车群 (十九)积极做好征地拆迁等工作。对社会资本投资的铁路项目,各地要切实负起征地拆迁主体责任,做好群众补偿安置工作,为项目建设创造良好条件。在保障被征地拆迁群众合法权益的基础上,允许地方政府以国有土地入股参与铁路项目建设。社会资本投资的铁路项目用地,在用地政策上与政府投资的铁路项目实行同等政策。

(二十)加强政府资金引导。对社会资本控股的城际铁路和中西部干线铁路项目,中央预算内投资可以视情况通过贷款贴息、投资补助等方式给予支持。对社会资本承担的公益性运输,按照事权与支出责任相适应的原则,建立合理的补偿制度。鼓励各地研究建立相应的政府资金支持政策。

想自己做个pk10赛车群 (二十一)创新金融服务。鼓励金融机构按照商业可持续、风险可控原则支持社会资本投资铁路项目建设。鼓励金融机构为社会资本投资铁路项目创新担保方式,支持利用采矿权、特许经营权等进行担保贷款,积极探索利用铁路运输、土地综合开发等预期收益进行质押贷款。发挥政策性和开发性金融机构的作用,加大对符合条件的政府和社会资本合作 (PPP)项目的信贷支持力度,为项目提供长期、稳定、低成本的资金支持。

(二十二)促进债权和股权融资。支持符合条件的企业通过发行企业债券、公司债券和债务融资工具等方式筹措铁路建设资金。允许符合条件的、以新建项目设立的企业为主体发行项目收益债,支持重大项目发行可续期债券。鼓励社会资本投资铁路的企业通过IPO(首次公开发行股票并上市)、增发、资产证券化等方式筹集资金用于铁路建设。

想自己做个pk10赛车群 (二十三)实行税收优惠。社会资本投资的铁路项目符合《公共基础设施项目企业所得税优惠目录》规定条件的,自项目取得第一笔生产经营收入所属纳税年度起,第一年至第三年免征企业所得税,第四年至第六年减半征收企业所得税。

(二十四)加大配套外部电源建设。电网企业要积极支持社会资本投资的铁路建设,参照国家铁路配套外部电源建设的办法,通过电气化铁路还贷电价政策补偿电网投资。

六、建立健全工作机制

(二十五)进一步加快项目核准。深化行政审批制度改革,优化审核流程,推进建立并联审批机制和在线审批平台,明确咨询评估和核准时限,开辟绿色通道,加快核准进度。对于法律、法规没有明确规定作为项目审批前置条件的行政审批事项,一律不再作为前置审批。

想自己做个pk10赛车群 (二十六)加强事中事后监管。国家铁路局要强化安全、质量等监督管理,依法开展检查、验收和责任追究,切实维护公众利益和公共安全。各有关部门要加强对项目建设、运营和相关经营活动的监督管理,规范行政许可,维护公平竞争秩序,建立健全社会资本投资铁路市场信用记录。

(二十七)充分发挥协商机制作用。国家发展改革委会同相关部门依托铁路投融资改革和建设项目前期工作协商会议制度,形成工作合力,及时研究推动社会资本投资铁路建设工作。近期重点推进蒙西至华中、长春至西巴彦花铁路等引进社会资本的示范项目实施。

(二十八)做好项目跟踪服务。各级发展改革部门要进一步增强对社会资本投资铁路项目的服务意识,协调矛盾解决问题。要建立信息平台,加强跟踪指导,掌握项目进展,及时沟通信息。做好舆论引导,营造良好氛围。

想自己做个pk10赛车群国家发展改革委 财政部

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July 10, 2015