Notice of the Ministry of Transport, the National Development and Reform Commission, the Ministry of Finance, the Ministry of Supervision and the Office of Redressing Malpractices of the State Council on Forbidding the Transfer of Highways for Which Governments Repay Loans into Operational Highways in Violation of Regulations

交通运输部、国家发展改革委、财政部、监察部、国务院纠风办关于禁止将政府还贷公路违规转让或划转成经营性公路的通知

Promulgating Institution: Ministry of Transport; National Development and Reform Commission; Ministry of Finance; Ministry of Supervision

Document Number: Jiao Gong Lu Fa [2012] No.149

Promulgating Date: 04/05/2012

Effective Date: 04/05/2012

颁布机关: 交通运输部; 国家发展和改革委员会; 财政部; 监察部; 国务院纠正不正之风办公室

文      号: 交公路发[2012]149号

颁布时间: 04/05/2012

实施时间: 04/05/2012

   To people's governments of all provinces, autonomous regions and municipalities directly under the Central Government, 

   Upon approval by the State Council, the Ministry of Transport, the National Development and Reform Commission, the Ministry of Finance, the Ministry of Supervision and the Office of Redressing Malpractices of the State Council jointly printed and distributed the Notice on Special Cleanup of Toll Highways (Jiao Gong Lu Fa [2011] No. 283) on June 10, 2011, to clean up highway irregularities and unreasonable highway charges. The five ministries and commissions have recently found in the cleanup work that some areas failed to offer corrective opinions on issues of transferring highways for which governments repay loans in violation of regulations or taking administrative measures to transfer such highways into operational highways for construction and administration, and some areas continue to transfer such highways in violation of regulations or change the toll ownership of such highways on the grounds of building highway construction financing platforms. With a view to practically maintaining the public properties of highway infrastructure, promoting the scientific development of the highway transport undertakings, and further strengthening and standardizing the administration of highways for which governments repay loans, we hereby issue a notice on relevant matters as follows in accordance with the objectives and requirements of special cleanup of toll highways nationwide:

   1. It is forbidden to transfer highways for which governments repay loans (including those that are under construction or those that have not been constructed despite approval of feasibility study reports, the same below) into operational highway or to arbitrarily change the properties of highways for which governments repay loans in names of structural adjustment, asset restructuring, or favorable financing, and in violation of relevant regulations such as the Regulations on the Administration of Toll Highways. Operational highways are toll highways which are approved to be invested in and constructed by domestic and foreign economic organizations in accordance with law or toll highways for which governments repay loans, of which the toll collection right is transferred in accordance with the Highway Law. In accordance with the Measures for Transferring Toll Highway Equity jointly promulgated by the Ministry of Transport, the National Development and Reform Commission and the Ministry of Finance, transfer of the toll collection right of highways for which governments repay loans shall be applied for in strict accordance with prescribed procedures for approval, be conducted through bidding activities, and be made public in a timely manner.

   2. For highways for which governments repay loans that have already been transferred into operational highways for construction and administration not in accordance with the limit of authority and procedures prescribed by relevant laws and regulations, the local provincial people's governments shall, based on special cleanup of toll highways, study out the rectification schemes as soon as possible and organize the implementation of the rectification schemes within time limits to ensure the restoration of properties of highways for which governments repay loans. After highways for which governments repay loans are transferred into operational highways in violation of regulations, the raised standards and extended terms for collecting highway tolls shall be restored; for approved highways for which governments repay loans that are transferred into operational highways during construction and are invested in and constructed by domestic and foreign economic organizations, applications shall be filed with original approving authorities for re-approval in accordance with prescribed procedures.

   3. Where highways for which governments repay loans are constructed and administered in accordance with the relevant regulations such as the Regulations on the Administration of Toll Highways, special nonprofit corporate organizations shall be established legally under the principle of separating government functions from institution functions. Competent transport departments of all provinces, autonomous regions and municipalities directly under the Central Government may raise funds through multiple channels such as loans or paid fund-raising from enterprises or individuals, and uniformly administer, seek and repay loans for highways for which governments repay loans in their respective administrative areas; shall conduct overall planning of highway construction funds and strictly control the scale of the debt to prevent financial risks.

   4. After the issuance of this Notice, all areas shall conduct all-round inspection of all local operational highways, and shall, in accordance with the relevant requirements of special cleanup of toll highways and this Notice, lose no time in making corrections for the illegal transfer or illegal change of toll ownership of highways for which governments repay loans in violation of regulations. Where relevant entities fail to make corrections properly or continue to violate regulations, liabilities of relevant staff shall be investigated in accordance with relevant regulations.

Ministry of Transport 

National Development and Reform Commission

Ministry of Finance

Ministry of Supervision

Office of Redressing Malpractices of the State Council

April 5, 2012

  各省、自治区、直辖市人民政府：

   经国务院同意，交通运输部、国家发展改革委、财政部、监察部和国务院纠风办于2011年6月10日联合印发《关于开展收费公路专项清理工作的通知》（交公路发［2011］283号），在全国集中开展清理公路违规及不合理收费工作。近斯五部委办在清理工作中发现，一些地方对将政府还贷公路违规转让或采取行政措施转成经营性公路进行建设和管理的问题未提出整改意见，个别地方还以搭建公路建设融资平台为由，继续进行违规转让或变更收费权属。为切实维护公路基础设施的公益属性，促进公路交通事业科学发展，进一步加强和规范政府还贷公路管理，根据全国收费公路专项清理工作的目标要求，现就有关事项通知如下：

   一、禁止以体制调整、资产重组、有利融资等名义，违反《收费公路管理条例》等有关规定，将政府还贷公路（包括在建或已批复可研但尚未开工建设的政府还贷公路，下同）转为经营性公路，随意变更政府还贷公路属性。经营性公路是由国内外经济组织经依法批准投资建设或者依照《公路法》的规定受让政府还贷公路收费权的收费公路。根据交通运输部、国家发展改革委、财政部联合颁布的《收费公路权益转让办法》，政府还贷公路收费权转让必须严格按照规定程序报批并采用招标投标方式，及时向社会公布。

   二、凡未按有关法律、法规规定的权限和程序，已将政府还贷公路转为经营性公路进行建设和管理的，所在地省级人民政府要结合收费公路专项清理工作，尽快研究制定整改方案并限期组织实施，确保政府还贷公路属性归位。政府还贷公路违规转为经营性公路后，已提高收费标准或延长收费期限的，要恢复复收费标准和收费期限；对已批准的政府还贷公路，在建设过程中转为经营性公路并确由国内外经济组织投资建设的，应按规定程序报原批准单位重新批准。

   三、根据《收费公路管理条例》等有关规定，建设和管理政府还贷公路，应当按照政事分开的原则，依法设立专门的不以营利为目的的法人组织。各省、自治区、直辖市交通运输主管部门可利用贷款或者向企业、个人有偿集资等多种渠道筹集资金，对本行政区域内的政府还贷公路实行统一管理、统一贷款、统一还款。但要统筹安排公路建设资金，严格控制债务规模，防范金融风险。

   四、本通知下发后，各地要对本地区所有经营性公路进行全面排查，涉及违规转让或变更政府还贷公路收费权属的，要按照收费公路专项清理工作及本通知的相关要求，抓紧实施整改。整改不到位或者继续违规的，将按照有关规定，追究有关人员的责任。

   中华人民共和国交通运输部

   中华人民共和国国家发改革委

   中华人民共和国财政部

   中华人民共和国监察部

   国务院纠正行业不正之风办公室

   二○一二年四月五日