深圳市公用事业特许经营办法 Measures of Shenzhen Municipality on management of Public Utilities under Franchise Ch

applicable to determine the fees result from the connection.

　　Article 24 In case it is necessary to access to some sections or buildings for establishing or maintaining public utilities， the franchisee shall consult with the owner， while the owner and relevant personnel shall make things convenient for the franchisee.

　　Article 25 The maintenance of public utilities shall abide by relevant rules on administration of road and virescence， while the setting of a site or stop and alteration of a pipe or route shall be subordinated to the general plan of the Municipal Planning Authority. In case it is necessary to make rush repairs， the franchisee may make the urgent repairs， notify relevant authority simultaneously， and handle relevant procedures after the event.

　　Article 26 A franchisee shall overhaul and maintain the situation and performance of the public utilities periodically and report the performance situation to the Supervision Authority on schedule.

　　Article 27 A franchisee shall collect， classify， settle and pigeonhole such materials as drawings， etc. of all of the public utilities， improve the information administration system of the public utilities and connect to the governmental net.

　　Article 28 The government may requisition the public utilities for public interest. A franchisee shall offer cooperation while the government shall pay reasonable compensation for the investor.

　　Chapter IV Price

　　Article 29 The Price Authority of the Municipal Government together with the Supervision Authority shall take charge in the fixing or adjustment of price for public service.

　　Article 30 The principles for fixing prices of public service shall include： compensatory cost， payable tax according to law， reasonable gains， saving resource， promoting development and bearing capability of the society.

　　Article 31 The price of public service is composed of costs， taxation and profits.

　　The cost is the average cost of the society， includes all producing cost and course expenditures which shall be reckoned in the price.

　　The benefit is the reasonable income of a franc

hisee. Based on the characters of different business， the benefit shall be appraised and decided according to the yield of net assets or net-worth of fixed assets respectively.

　　Article 32 The cost shall be appraised and decided by the following measures：

　　（1） The purchasing price of raw and processed materials， adjective materials and fixed assets， shall be appraised and decided according to the regulated price in the case of governmental pricing； while in the case of market-oriented pricing， the purchasing price shall be appraised and decided according to average market price at the time of purchasing， where the purchasing price is lower than the average market price， purchasing price shall depend on the actual purchasing price.

　　（2） Expenditures of wage， sale and management， which are subject to proportion control of amount， shall be appraised and decided according to the total amount of those expenditures in proportion to the amount of the total costs of the same trade or similar enterprises in the recent three years with a reference to the social average level of the municipality.

　　（3） The depreciated fixed assets shall be the assets relevant to the provision of products or services of public service， but those public utilities owned by the government are precluded. Those fixed assets left unused for more than 9 months shall not be allowed to depreciate， until after resuming to be used for more than 3 months may be allowed to depreciate. The period of depreciation shall be determined by the Financial Authority， Price Authority， relevant Supervision Authority and franchisees according to the rule of reason.

　　Article 33 The Price Authority shall establish periodical price auditing system and database of costs information to form effective cost restriction mechanism. For the purpose of ensuring the authenticity and veracity of the cost for price， the making or altering of cost for price shall be audited by a competent auditing institution if it is necessary.

　　Article 34 In the presence of the Supervision Authority， the Price Authority shall specifically determine the means of appraisal and decision of yield of different trade， which shall be recorded in the annex of these measures. The scheme of the yield shall be brought forward by the aforesaid authorities according to the factors such as the average margin of the society， banking interest rate and price index， and then submitted to the Municipal Government for confirmation.

　　The Price Authority in the presence of the Supervision Authority shall check the yield each year and adjust it when necessary.

　　Article 35 The procedures for fixing and adjusting prices of public service shall be as the follows：

　　（1） The franchisees， the public service supervisory committee， the consumer organization， the trade association or the Supervision Authority may file a written application to the Price Authority for fixing or adjusting prices， while the Price Authority who has the right of fixing price or other relevant authority may bring forward scheme for fixing and adjusting prices according to relevant price rules and then the Price Authority shall organize a testimonial session.

　　（2） The Price Authority shall initially examine and verify the integrality of the application materials upon receiving a written application， and in case there are some materials absent， the Price Authority shall demand the applicant to submit other necessary material within time limit. In case the application meets the requirements for a hearing， the Price Authority shall make decision on organizing a hearing within 15 days upon accepting the application and harmonize with relevant authority for the prophase work for the hearing；

　　（3） The Price Authority shall hold the hearing within 3 months upon making the decision on organizing of the hearing and service the letter of appointment and materials for the hearing

to the representatives of the hearing. The hearing shall be held with the presence of more than two third of the aforesaid representatives；

　　（4） In the presence of the Supervision Authority， the Price Authority shall fully consider the opinions brought forward by the hearing when studying out a price scheme， which shall be submitted for examination according to their respective purview. The summary， notes and materials of the hearing shall be simultaneously submitted when submitting for examination；

　　（5） The price scheme， after being approved， shall be announced to the public and operators through the governmental website and other medias and shall be organized for implementation.

　　Article 36 For the purpose of insuring relatively stabilization of public service price， reserve fund for price adjustment， which will be special used to regulate and control the public service price and profit， may be set up according to characters of different public services. Such specific measures shall be formulated separately.

　　Article 37 A franchisee shall carry out the rules on price supervision and price standard regulated by the government.

　　Chapter V Supervision

　　Article 38 The supervision authority shall perform the following functions to implement the supervision over the franchisees：

　　（1） taking charge in the organization of invitation to bid and invitation for subscription for management right under franchise of public service；

　　（2） formulating evaluation standard for quality of products and services；

　　（3） supervising franchisees to perform legal obligations；

　　（4） accepting the complaint against franchisees brought by the public；

　　（5） investigating and prosecuting illegal acts of franchisees；

　　（6） bringing forward opinions and advices and supervising on the five-year-business-plan and annual business plan of franchisees；

　　（7） supervising and examining the quality of products and services provided by franchisees；

　　（8） assisting the Price Authority to fix and adjust price， appraise and decided， supervise and control over costs and expenditures；

　　（9） examining the annual report of franchisees；

　　（10）　submitting the annual supervision report on franchisees to the Municipal Government；

　　（11）　temporary taking over public services in emergency；

　　（12）　other obligations as stipulated by laws， regulations and rules.

　　A franchisee shall submit its five-year-business-plan， annual business plan， annual report， matters on alteration of such chief officials as directorate and management group， and decision of directorate to the Supervision Authority for record or examination at the time stipulated by the annex of these measures or other agreement.

　　Article 39 The Supervision Authority shall implement the following supervisions over franchisees：

　　（1） whether the quality of products or services are up to the mustard；

　　（2） whether it has achieved the degree of satisfaction which regulated by the trade association；

　　（3） whether the annual and 5-year business strategy and investment project have been submitted for record and implemented；

　　（4） whether its business and financial situation are well off；

　　（5） whether its commitment has been fulfilled；

　　（6） whether it has carried out the price rules；

　　（7） whether the alteration of such chief officials as directorate and management group， and decision of directorate have been submitted for recording；

　　（8） other matters a

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