《深圳经济特区出租小汽车管理条例》实施细则 Detailed Rules for the Implementation of Regulations of the Shenzhen Special E

颁布日期：20040826 　实施日期：20040826 　颁布单位：深圳市人民政府

　　（Promulgated by Order No. 55 of the Shenzhen Municipal People‘s Government on November 3， 1996， revised according to Order No. 135 of the Shenzhen Municipal People’s Government of August 26， 2004）

　　Chapter I General Provisions

　　Article 1 These detailed rules for implementation （hereinafter referred to as the detailed rules） are hereby formulated according to Regulations of the Shenzhen Special Economic Zone on the Administration of Taxicabs （hereinafter referred to as Regulations）。

　　Article 2 The administrative office of transit of the Shenzhen Municipal People‘s Government （hereinafter referred to as the municipal office of transit） shall be the responsible department of the taxicab （hereinafter referred to as taxi） trade in the Special Zone.

　　The professional management agency of the taxi trade in the Special Zone （hereinafter referred to as the management agency） set up by the municipal office of transit shall exercise the functions and powers of management of the taxi trade which are entrusted with by the municipal office of transit according to Regulations and these detailed rules.

　　Article 3 The Shenzhen Municipal People‘s Government （hereinafter referred to as the municipal government） shall conduct macro-level control of the total capacity of taxi transport in accordance with the needs of the development of the urban public transit services.

　　As concerns the increase or decrease in the capacity of taxi transport in batches， the municipal office of transit shall put forward a plan and its explanation according to the development plan of the taxi trade， the market relationship of supply and demand， and beneficial results after consulting the related departments such as those in charge of public security， transportation， etc. and the municipal trade association of taxicabs， and report the plan and its explanation to the municipal government for examination and put the plan into practice after it has been approved.

　　Article 4 Taxi operation shall be operation of scale.

　　Operation of scale shall mean the operation activities undertaken by an organization which meets the requirements in the first section of Article 15 of Regulations and has a specialized management office， an appropriate number of taxies and service facilities.

　　Chapter II Operation License

　　Part 1 Transfer Auction

　　Article 5 The “auction of operation licenses” referred to in Article 11 of Regulations shall mean that the municipal office of transit entrusts an auction agency with the transfer of an operation license to a highest-price bidder through competitive bidding or selling at marked price.

　　Article 6 The auction of operation licenses shall follow the principle of public， fair and impartial competition.

　　Article 7 The transfer auction of operation licenses shall not be done regularly.

　　The municipal office of transit shall announce the number of operation licenses for auction 60 days ahead of the date of each auction.

　　Article 8 An auction agency of operation licenses shall issue a public notice of auction 30 days ahead of the date of auction.

　　A public notice of auction shall include the following contents：

　　（1） the time and place of auction；

　　（2） the number of operation licenses for auction；

　　（3） the formula of auction；

　　（4） the qualifications or conditions of a bidder；

　　（5） the other matters that should be made public.

　　Article 9 A bidder shall file an application to the management agency within the time limit prescribed by the public notice， fill out Application Form of Bid for Taxicab Operation License， and provide the following documents at the same time：

　　（1） the business license， certificate of legal representative or responsible person， identification card， the po

wer of attorney of an agent；

　　（2） the bank statement of the fund which is appropriate for bidding for an operation license；

　　（3） the other documents to participate in bidding for an operation license.

　　Article 10 The management agency shall examine the qualifications or conditions

　　of bidders and their provided documents； for those who meet the requirements， the agency shall issue Notice of Bid Qualifications.

　　Article 11 A bidder who has received Notice of Bid Qualifications shall pay the auction agency a guarantee fee for an agreement on abiding by the rules of auction.

　　The amount of the guarantee fee referred to in the above section shall be determined by an agreement based on the number of operation licenses which the bidder applies to bid for. In case of concluding a transaction in auction， the guarantee fee shall be calculated as part of the payment for operation licenses； in case of concluding no transaction in auction， the auction agency shall return in full the guarantee fee within 5 days from the date of auction.

　　Article 12 Except there is a special stipulation in these detailed rules， the auction of operation licenses shall be carried out according to the related rules of Regulations of the Shenzhen Special Economic Zone on Property Auction.

　　Article 13 In case of concluding a transaction in auction， a bid winner， an auctioneer and the municipal office of transit shall sign Letter of Confirmation of a Concluded Transaction on Transfer of Taxicab Operation License （hereinafter abbreviated as Transfer Confirmation） on the spot according to the written record of auction.

　　Article 14 Within 30 days from the date of signing Transfer Confirmation， a bid winner shall pay in full the operation license fee to the management agency and receive a certificate of winning of a bid for operation license issued by the municipal office of transit.

　　If a bid winner has not paid in full the operation license fee within the prescribed time limit， the management agency shall press the bid winner in writing for payment of the operation license fee within 15 days after the date when the payment is due； if the bid winner still has not paid in full the operation license fee after the time limit of pressing for payment， the management agency may ask the municipal office of transit to make a decision to cancel Transfer Confirmation and to put up for auction again the operation license for which the fee has not been paid. The original bid winner shall be held liable for the expenses of the second auction.

　　Article 15 An operator shall， within 90 days from the date of winning a bid for operation license， bring the certificate of winning of a bid for operation license and the related materials to the municipal offices of transit， industrial and commercial administration， taxation， and a public security office in charge of vehicles administration to go through the formalities for Operation License of Road Transportation， industrial and commercial business license， tax registration， vehicle purchase and registration.

　　Article 16 An operator shall， within 30 days from the date of completing the prescribed formalities referred to in the above article， go to the management agency to get a certificate of road transportation， register the type and ID number of vehicles， and receive a certificate of operation license.

　　Article 17 The years to be valid for an operation licenses which has been received after Regulations took effect shall be calculated from the date of issuing of the certificate of operation license.

　　Article 18 The municipal office of transit shall， within 15 days from the date of receiving the payment for the operation license fee， transfer the payment to a special bank account set by the municipal department of finance for specified purposes only.

　　The payment for the operation license fees shall be us

ed for the development of taxi trade and construction of transportation infrastructure. The spending shall be listed item by item and arranged by the municipal office of transit in a unified way， and carried out only after the municipal government has approved such spending.

　　Part 2 Transfer and Pledge

　　Article 19 An operation license holder who meets the requirements prescribed in Article 18 of Regulations may transfer the operation license.

　　But in case of transfer of those operation licenses received before the transfer auction system took effect， the unpaid operation license fee shall be paid according to the average transaction price of the last public auction before the transfer is allowed to take place.

　　Article 20 The transfer of an operation license may be done through auction by entrustment or through agreement.

　　When a transferor transfers an operation license， the rights and obligations of taxi operation which have not been terminated by the transferor according to law shall be inherited by a transferee.

　　Article 21 A transferee of operation license shall meet the requirements prescribed in Article 13 of Regulations.

　　Article 22 The transfer of an operation license shall be done along with the transfer of vehicles which have been disposed under this license except those reaching the time limit to be replaced.

　　Article 23 If the transfer of an operation license is done through an agreement， a transferor and a transferee shall sign Contract of Transfer of Taxicab Operation License （hereinafter abbreviated as Contract）； if the transfer is done through auction by entrustment， an entrusting party， an auctioneer， and a winner of bid for operation license shall sign Confirmation of a Concluded Transaction in Auction （hereinafter abbrevi

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