Measures for the implementation of the paid transfer and transfer of the right to operate urban public passenger transport in Harbin

chapter I general provisions article 1 in order to strengthen the management of urban public transport and establish a standardized and orderly public transport market system, these measures are formulated in accordance with Heizhenghan [2] No.75 of Heilongjiang Provincial People's Government, Reply on Relevant Issues Concerning the Paid Transfer and Transfer of Urban Public Transport Management Right in Harbin, and in combination with the actual situation of our city. Article 2 These Measures shall apply to the operating passenger transport lines and vehicles (including tourist routes, minibuses attached to bus lines, river ferries and other urban passenger transport business units and operators) in which urban passenger transport is based on fixed routes, fixed times, fixed stops and fixed fares for public use. Article 3 The term "passenger transport operators" as mentioned in these Measures refers to the business organizations and individual operators in industrial and commercial registration who have obtained the qualification of legal person to engage in urban passenger transport business through legal procedures (award, bidding and auction). Article 4 The term "the right to operate urban public passenger transport" as mentioned in these Measures refers to the right of the operator who intends to engage in passenger transport to obtain the business qualification through legal procedures with the approval of the competent government department, and to undertake the business of transporting passengers within a certain period according to the contract. Article 5 These Measures shall be organized and implemented by the municipal public transportation administrative department entrusted by the urban passenger transport management institution. Chapter II Paid Transfer of Management Right Article 6 The paid transfer of urban public transport management right refers to the behavior that the government, as the owner, transfers the urban public transport management right to the operator in a certain way within a certain period of time, and the passenger transport operator pays the government the paid transfer fee for the urban public transport management right. Seventh city public passenger traffic management right transfer, must be signed by the city passenger transport management agencies and passenger transport operators transfer contract.

the contract for transferring the right to operate urban public transport should include: operating route, operating period, operating quality, service standard, transferring amount, liability for breach of contract, rights and obligations, government commitment and supervision power, fare control and adjustment, financial review and policy subsidies, and acquisition, extension, cancellation and transfer of the right to operate. Article 8 The municipal passenger transport management institution shall evaluate and evaluate the paid leasing of the public passenger transport operation right, determine the line grade, category and the charging standard of the paid leasing of the operation right, and report it to the municipal finance and urban construction management department for the record.

the use of the paid transfer fee for the management right shall be implemented according to article 6 of the provincial government's black government letter [2] No.75 reply. Ninth city public transport management rights paid transfer, can be taken to grant, tender and auction.

award is a way for the government to transfer the right of operation to the passenger transport operators who operate the existing urban public transport.

Bidding and auction are a way for the government to obtain the qualification of urban public transport management right through fair competition according to legal procedures. Article 1 Procedures for granting the right to operate urban public transport:

1. The operator who operates the existing urban public transport lines shall submit a written application to the municipal urban passenger transport management institution;

2, the city passenger transport management agencies to apply for the qualification examination of operators. Qualification examination content: having independent legal person qualification, capital, passenger transport, venue, drivers and passengers and technical force suitable for business operation; Management institutions and systems suitable for business operations; Business activities, etc.

3. The city passenger transport management institution gives a reply according to the results of qualification examination. Eleventh city public * * * passenger traffic management rights paid transfer period of 5 years. One year before the expiration of the operation period, the operator may submit a written application for extending the operation right period, and after being approved by the city passenger transport management institution, re-sign a contract to extend the operation period, and each extension period shall not exceed 2 years. Chapter III Transfer of Management Right Article 12 The transfer of the management right of urban public passenger transport refers to the act of transferring part or all of the management right by the passenger transport operator who has obtained the management right, so that the transferred operator can obtain the management right. Thirteenth city public transport management right transfer should be organized by the city passenger transport management agencies, to fulfill the examination and approval procedures, and signed a transfer contract, the rights and obligations specified in the contract will be transferred. Article 14 When an operator who has obtained the right to operate transfers part of his rights, he shall subtract the operating years of the transferred operator from the transfer period, and the remaining years shall be the operating period of the transferred operator. Article 15 The conditions that the transferred operator should meet in operating passenger transport business are:

1. Having independent legal personality;

2. There are professional and technical personnel and employees with legal certificates suitable for the business scale;

3. It has registered capital suitable for its business scale;

4. It has business facilities and fixed places that meet the requirements;

5. There are passenger cars and boats that meet the technical, safety regulations and grade requirements;

6. Having articles of association and management system. Article 16 4% of the value-added part of the transfer proceeds shall be collected by the urban passenger transport management institution and turned over to the municipal finance, and all of them shall be included in the urban public transport development fund, which will be mainly used for investment in the station and management facilities and support the development of public transport. Chapter IV Management of the Right to Operate Article 17 Only the operators who have obtained the right to operate and the operators who have obtained the right to operate through transfer are allowed to operate passenger transportation business within the specified time and route range. Eighteenth passenger transport operators who have obtained the right to operate and obtained the right to operate after transfer shall be deemed to have automatically waived their business qualifications if they fail to put into operation according to the requirements of the contract within 3 months from the date of obtaining the business qualification.