The combination of cultural protection and PPP mode


In 2018, the exchange accepted the entrustment of a construction company to provide the whole process legal services for it to undertake the PPP project of comprehensive development of a town.

[Key words] PPP mode urban comprehensive development cultural protection land stock assets

[Project information]

This project is the first comprehensive urban development project operated in PPP mode in the region. The cooperation includes regional overall planning, infrastructure construction, public facilities construction, land consolidation service, operation and maintenance service, etc. The procurement mode of the project is public bidding.

The client of this project is one of the legal service providers of the institute all year round, and has advanced project experience in infrastructure construction and park development. Therefore, it intends to participate in the bidding of a PPP project for cultural protection. Based on the deep friendship and tacit understanding established by the company and the Institute in long-term legal cooperation and recognition of the lawyer service of the Institute, it entrusts our lawyers to provide the whole process legal services for the project, including but not limited to the interpretation of PPP project legal policy, legal services in the preparation stage, legal services in the procurement stage of the project, and legal services in the implementation stage of the project.

[Difficulty or novelty of the project]

The novelty of the project is as follows:

First, demonstration of regional development. This project is located on the ancient Silk Road belt, which is the only way for the Silk Road to go out of Chang'an in the west, and is the starting station of the ancient Silk Road in the true sense. The implementation of the project will integrate the resources of the new area, making it a new starting point and a new landmark of the contemporary silk road. On the basis of commemorating and inheriting the ancient Silk Road spirit, we should innovate and integrate the culture under the new era, new pattern and new atmosphere, and create a new and beautiful "new cultural card" for building the local city as an international metropolis.

Second, the operation mode is complex. This project is based on the rich tourism resources of Han Dynasty, comprehensively considering the factors such as site building protection, focusing on cultural tourism, focusing on building cultural industry cluster area, radiating to promote the breakthrough and development of regional comprehensive cultural industry. Therefore, it is proposed to integrate internal and external resources by social capital to provide overall planning and design plan for the overall industry and architecture of the region. Therefore, the overall planning and design scheme is adopted The design build finance operate transfer (dbfot) mode operates.

The difficulty of this project is:

First, the combination of cultural protection and PPP mode is rare in China, and there is no mature experience for reference. Lawyers should complete the innovation arrangement of the project based on the understanding of laws and policies and rich experience in PPP field of the exchange.

Second, during the process of the project promotion, the notice on regulating the management of the project library of the comprehensive information platform of government and social capital cooperation (cbjin [2017] No. 92, hereinafter referred to as "No. 92"), notice on strengthening the risk control of PPP business of central enterprises (gzfgg [2017] No. 192, hereinafter referred to as "192" document) and other strict normative PPP business policy documents The key issues such as project financing, transaction structure and performance appraisal will face legal compliance challenges.

Third, the acquisition of stock assets is one of the core issues that the client pays attention to in the project. If the stock assets cannot be successfully obtained and corresponding funds are solved, it is difficult to continue to promote the project. As the project's stock assets involve cultural protection land, if the government directly collects and stores, it will not be able to be reconstructed. Therefore, how to help the client to obtain the stock assets legally is one of the key and difficult problems faced by our lawyers in the project.

[Lawyer response]

In order to complete the project, our lawyers communicate with the number of clients. First, from the perspective of the requirements of the legality and compliance of the project itself, the ultimate service objective is to ensure the legal compliance of the project according to the latest laws and regulations; secondly, regarding the acquisition of the most important stock assets of the client, the lawyer will go to the place where the project is located to provide on-site services and discuss with the client The method of obtaining and the path of expense and the corresponding legal risks are analyzed. Finally, the legal solution is provided at the first time for the questions raised by the client. The major problems are solved by the way of legal interpretation, legal research and legal opinions.

[Achievements and summary of legal services]

By the end of 2018, our lawyers have provided preliminary consultation, project site services, issued "stock assets treatment plan", "preliminary opinions on PPP project", etc., and obtained the approval of the client.