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Regulations Governing Operation and Administrative Agencies to be Established by a Public or Private Enterprise Entrusted by Authorities in Charge of Industries
  • Published at: 2006-09-12 00:00
  • Last modified at: 2012-11-14 14:48

Regulations Governing Operation and Administrative Agencies to be Established by a Public or Private Enterprise Entrusted by Authorities in Charge of Industries

Promulgated by Industry serial No.89315624, Economy (91),June 27,2002,Minstry of Economy.

Regulations Governing Operation and Administrative Agencies to be Established by a Public or Private Enterprise Entrusted by Authorities in Charge of Industries

Article 1:This policy is stipulated in accordance with Section 5 of article 65 on “Statute for Upgrading Industries “(促進產業級條例)

Article 2:industry zones developed by industry authorities are allowed to trust public and private enterprises for establishing jurisdictional institutes to cope with business management in industry zones and both parties should sign the administration contract.

Article 3:The public and private enterprises to be referred as in this policy are

Companies established according to Corporate Laws.

Anicle4:Industry authorities are allowed to trust the whole or part of the following

business to public and private enterprises depending on real needs of respective industry zones:

1.Managent business: expenses budgeting and collecting and general business items relating to land, public building and facilities provided for public use in the industry zones.

2.Sewage processing business: sewage management plants, running, operating, management and maintenance; waste water draining and outflow water sample collecting, monitoring and measuring; inflow water quality and quantity of sewage management plants; verification and distribution of management acceptance and connecting use approval; approval/rejection on accommodation of users' waste water; sewage processing system expense budgeting and collecting and items relating to sewage processing.

3.Inspection center business: inspection and auditing on water quality of paints in industry zones and that of inflow and outflow water at sewage processing plants, budgeting and collecting of inspection facilities and items relating to inspection.

4. 0ther business relating to industry zone management﹒

Article 5:Industy authorities, trusting business to trustees concerning item 1 of Article2,shouId be decided through public selection process.

Article 6: Following items should be announced by industry authorities while

Handling forth-mentioned selections:

1. Trusted scope of business management

2. Trusted terms and conditions of business management

3.Qualihcation and procedure of application

4.Methods of selecion and appraisaI

5.Documents attached to participate in the selection

6.Other items should be announced

Article 7: Those participated in the selection should prepare forth-mentioned documents regulated on Article 5, together with business management plan and financial plan to file application to industry authorities.

Article 8:Industry authorities should prioritize its appraisal on applicants, business

Management ability, organization healthiness and feasibility of business management

plan while handling selection onAnicle5﹒

Forth-mentioned selection should allow experts and academic professionals to present opinions; chances for selection participants expressing their opinions should be provided before making decisions.

As far as forth-mentioned selection procedure concerned, those not regulated by administration procedure bill are allowed to adopt the regulations of tender bidding

and tender finalizing referring to government purchasing bill﹒

Article 9: Public and private enterprises selected should complete contract signing procedure with industry authorities within specified time since receiving the notice to manage the business according to the contract.

Those who failed to do so would be deemed as abandoning qualifications and compensation should be paid to the industry authorities in light of damages resulting from re-election.

Article 10: Industry authorities should stipulate management period and collect royalties depending on individual project nature while trusting public and private enterprises to manage industry zones. Items relating to forth-mentioned royalty collection should be indicated clearly on the contract.

Article 11: Trustees should setup independent accounts and bear full responsibilities of profit and loss and responsibilities of a benign guardian,s obligations to trusted

Business.

Article l2:Industry authorities are allowed to request trustees to submit certain ratio of rewarding bonus after official operation with accumulated profits.

Article 13:Trustees are allowed to regulate and adjust the standard of maintenance fee

and usage fee on all facilities with reference to the following factors:

1.Payment on business management cost

2.Revenue on business management

3.Time period limit on business management

4.Reasonable profit

The forth-mentioned fee collection standard regulated and adjusted by trustees should

be reported to Ministry of Economy for approval if industry zones fall under central industry authoritie, jurisdiction ; it should be reported to direct municipality or county (city)government for approval if under regional industry authoritie, jurisdiction.

Article 14:Trustees should inquire industry authorities for consent concerning change

of fixed facilities during business management period﹒

The contents reported should contain the clause of change, name of facilities/equipment increased, description of construction map and budget, and depreciation calculation formula, etc.

Article l5:Industry authorities should request trustees to improve within deadline in compliance with the contract if mal-management or other material events happened during trusted business management period ; if not improved within deadline or no effects after improvement ,industry authorities should urge them to stop all or part of

business management ;if necessary , the contract can be terminated.

Industry authorities should adopt appropriate measures to continue all kinds of service while stopping all or part of business management or terminating contracts according

to forth-mentioned article.

Article 16:When the contract is terminated or management period expired ,the facilities/equipments trusted should be handled as fol1ows:

1.The facilities/equipments taken over by trustees by virtue business management should be physically counted and returned to industry authorities or other designated successive business managers.

2. The facilities/equipments used within trusted business management scope and bought by trustees on their own are allowed to negotiate for sale or lent with successive business managers; if successive business managers lack willingness to take over those facilities/equipments, the trusted public and private enterprises are obligated to get them back to original status. If not return to original status within schedule, all those facilities/equipments would be considered as abandoned properties of which industry authorities would dispose at discretion and request trustees to bear all the disposal expense.

Article 17: Industry authorities should monitor, verify and periodically appraise trustees, execution performance during business management trusted period and provide them with instruction and support ,if necessary.

Article 18: Industry authorities should give first priority to trustees to continue business management depending on theire execution performance track records over

the years subsequent to the expiration of trusted period.

Article 19:Trustees should fulfill the obligations stipulated in the contract and agree, otherwise , to be put in legal force by court appealed by industry authorities under the name of execution of the contract.

Industry authorities should comply with the regulations on item 2 of article 148 to handle forth-mentioned agreement.

Article20:This policy will be taken effect since promulgated.

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