Measures for the implementation of "Opinions on Developing Joint Venture Railway Construction between Central and Local Governments"

Chapter I General Provisions Article 1 These Measures are formulated for the purpose of implementing the Notice of the State Council Municipality on Forwarding the Opinions of the State Planning Commission and the Ministry of Railways on the Development of Central and Local Joint Venture Railway Construction (Guo Fa [1992] No.44). Article 2 The term "joint venture railway" as mentioned in these Measures refers to the railway jointly invested, constructed and operated by the national railway department and local governments, enterprises or other investors. Article 3 Joint-venture railways shall be planned by the Ministry of Railways as a whole, under the centralized management of the industry, with guidance, coordination, assistance and supervision. Article 4 A joint venture railway enterprise shall operate independently according to law, be responsible for its own profits and losses, develop itself and exercise self-discipline, and assume the responsibility of maintaining and increasing the value of the assets invested by all parties. Chapter II Joint Venture Railway Enterprises Article 5 A joint venture railway enterprise shall be established as the owner of the construction project from the date of construction, and shall manage the whole process of the project. If the conditions are not ripe, a construction leading organization can be established first to coordinate and solve major problems in construction, and then a joint venture railway enterprise can be established after the railway is completed and put into operation. Article 6 A joint venture railway enterprise may be a limited liability company, a joint stock limited company (pilot) or other forms of joint venture (hereinafter referred to as a joint venture railway company); Its establishment, alteration, suspension and dissolution shall be handled in accordance with relevant state laws and regulations. Article 7 Adhere to the principle of "equality and mutual benefit, equal compensation, benefit sharing and risk sharing" and properly handle the rights and responsibilities of all parties to the joint venture railway investment.

Rights and obligations of investors:

1. Ownership of equity (property right) in proportion to investment;

2. Enjoy the benefits stipulated by laws, regulations and relevant articles of association according to the proportion of capital contribution;

3. Give priority to the use of in-pipe transportation forces;

4. Pay the approved capital contribution on time;

5. The paid capital contribution shall not be withdrawn;

6. The transfer of property rights shall be handled in accordance with relevant norms;

7. Undertake limited liability with the subscribed capital contribution. Article 8 All state-owned assets or shares invested by the Ministry of Railways and local governments must authorize non-governmental departments to act as representatives of property rights (equity). The authorized person enjoys the rights and obligations stipulated by the relevant laws and regulations of the state. Chapter III Joint-venture Railway Construction Article 9 Joint-venture railway construction shall, on the premise of obeying the unified state planning, take into account the interests of the central and local governments, and do a good job in the preliminary work in accordance with the requirements of the national capital construction procedures. Tenth joint venture railway construction funds can be the investment of all investors (including domestic and foreign loans borrowed and repaid by themselves) and physical investment (for the needs of joint venture railway, according to the prescribed procedures); You can also buy shares at a discount with industrial property rights, non-patented technology, land use rights and engineering services; With the approval of the state, joint venture railway companies can also issue bonds and stocks for railway construction, or borrow money from banks and other financial institutions. Article 11 An investor shall sign a legally binding investment agreement, specifying the investment amount, investment method, annual investment amount, fund allocation method, liability for breach of contract and arbitration method. Violators should bear the responsibilities stipulated by relevant laws. Twelfth joint venture railway construction investment according to the five-year plan and the annual plan were included in the capital construction plan of each investor. The construction scale shall be uniformly arranged by the State Planning Commission. Thirteenth joint venture railway construction must comply with the relevant railway regulations and norms. The main technical conditions, such as the route direction and station setting of the main road network, shall be determined by the Ministry of Railways after fully soliciting the opinions of local governments. Regional trunk lines and other lines shall be determined by the Ministry of Railways through consultation with investors. Article 14 Joint-venture railways should be in line with national railways and make full use of existing equipment and capabilities. When it is necessary to rebuild or expand the national railway hub station, the required funds should be included in the scope of joint venture railway investment. The passage related to the joint venture railway shall be planned and arranged by the Ministry of Railways. Fifteenth local governments shall, in accordance with the "Land Management Law" and the relevant provisions of land acquisition, demolition and resettlement, implement unified land acquisition, demolition and resettlement fees; Under the guidance of professionals, organize qualified construction teams to participate in joint venture railway construction; Organizing the supply of local materials needed for the construction and operation of joint-venture railways; Coordinate joint venture railway construction, such as electric power, telecommunications, water conservancy, etc. Sixteenth special equipment and equipment needed for joint venture railways shall be supplied by the relevant departments of the State Railway; The purchase and maintenance of locomotives and rolling stock shall be applied by the joint venture railway company and incorporated into the national railway maintenance plan. Seventeenth joint venture railway project management to introduce competition mechanism, through bidding, give priority to the selection of design and construction units. Carry out the supervision system, strictly check and accept the project, and ensure the quality of the joint venture railway project. Chapter IV Operation and Management of Joint Venture Railways Article 18 Joint venture railways shall be operated and managed by joint venture railway companies, or jointly operated with state-owned railway transport enterprises, or contracted by state-owned railway transport enterprises. Article 19 When the joint venture railway and the national railway handle intermodal transport, the joint venture railway company and the local national railway transport enterprises jointly propose the routes, stations and business scope of intermodal transport, report them to the Ministry of Railways for approval, and announce them to the public. Joint-venture railways connected with the national railway network, passenger and freight trains entering the national railway, implement the train operation diagram and train formation plan of the whole railway, and obey centralized and unified command. The annual, quarterly and monthly transportation plans after the joint venture railway is connected with the national railway are gradually incorporated into the national railway transportation plan. Article 20 The relevant departments of national railways should fully listen to the opinions of the joint venture railway companies when drawing up the transportation plan, make overall consideration, and reasonably arrange the track crossing, emptying, reloading, traffic volume distribution, traffic path and "port-limited" throughput of the joint venture railway.