湘西自治州人民政府办公室关于印发《湘西自治州乡村旅游管理规定》的通知
湖南省湘西土家族苗族自治州人民政府办公室
湘西自治州人民政府办公室关于印发《湘西自治州乡村旅游管理规定》的通知
各县市人民政府、湘西经开区管委会,州政府各局委、各直属机构:
《湘西自治州乡村旅游管理规定》已经州人民政府第50次常务会议研究同意,现印发给你们,请认真遵照执行。
二O一二年二月二十六日
湘西自治州乡村旅游管理规定
第一章 总 则
第一条 为加强乡村旅游管理,规范乡村旅游服务,提高乡村旅游服务质量,保障旅游者和旅游经营者的合法权益,促进湘西自治州旅游业健康有序发展,根据相关法律法规,结合我州实际,特制定本规定。
第二条 乡村旅游是以乡村地域及与农事和农家相关的风土、风物、风俗、风景组合而成的乡村特色旅游资源为吸引物,吸引旅游者前往休闲、游憩、观光、体验及餐饮、住宿的旅游活动。乡村旅游景点是指能够提供开展乡村旅游活动的空间地域,具备相应旅游服务功能、组织机构和旅游服务设施的旅游点。
第三条 对乡村旅游实行“统一领导、统一规划、分级管理”的制度。州旅游行政主管部门负责全州乡村旅游的总体规划和行业管理。县市旅游行政主管部门负责本行政区域内乡村旅游的详细规划和日常行业管理。其它职能部门依据各自职责做好管理工作。州、县市分别设立乡村旅游服务质量等级评定委员会,负责对乡村旅游服务质量等级进行分级评定和复核。
第四条 在本州行政区域内从事乡村旅游开发、乡村旅游经营、乡村旅游管理和乡村旅游活动的公民、法人和其他组织,均应遵守本规定。
第二章 乡村旅游资源保护与开发
第五条 开发乡村旅游,应当依照科学规划、统一管理、严格保护、合理利用、尊重当地群众意愿、可持续发展的原则进行。
第六条 开发建设乡村旅游项目,应当符合湘西自治州旅游业总体发展规划和所在县市旅游业发展详细规划要求,坚持社会效益和经济效益相统一的原则,有利于生态环境保护和旅游资源保护,避免盲目、重复建设和无序竞争。
第七条 开发乡村旅游,应当突出民族特色,其建筑规模和风格应与周围环境相协调;应深度挖掘民族文化内涵,营造浓郁的民族氛围,提升乡村旅游的核心竞争力。在历史文化名城、名镇、名村内开发建设乡村旅游项目应符合《历史文化名城名镇名村保护条例》。
第三章 乡村旅游经营基本条件
第八条 资源条件
(一)具有浓郁的乡土风情和田园风光,生态环境保持良好;
(二)民居建筑体现民族特色、传统风貌,对不协调建筑进行改造整治;
(三)有地方乡土特色和体现民俗民风的文艺表演等旅游项目;
(四)有以农、林、牧、渔等为基础的农业产业,能提供以无公害农产品为原料的具有农家特色的菜肴;
(五)乡村旅游点服务员应统一着民族生活服装,使用民族语言;
(六)有体现民族建筑特色的门票站和游客服务中心,有专用停车场和旅游星级厕所。
第九条 从业资格
应按相关法律法规规定办理下列手续和证照:
(一)旅游行政主管部门批复;
(二)工商营业执照;
(三)税务登记证;
(四)组织机构代码证;
(五)安全生产许可证;
(六)消防安全检查合格证;
(七)卫生许可证;
(八)排污申报许可证;
(九)物价行政主管部门批复;
(十)其他需要行政许可的证照。
第十条 环境条件
(一)选址应符合当地乡镇土地利用总体规划,应符合所在乡镇总体规划;
(二)区域内生态环境良好,区域周围500m范围内无污染源;
(三)区域内环境整洁,有垃圾回收处理设施,无摆摊设点、乱堆乱放现象;
(四)进行改水、改厕、改厨和绿化、美化、亮化等环境卫生建设。
第十一条 安全条件
(一)可进入性好,应有公路、水路到达,并能保证交通工具的通行安全,主要路口应有明显的指路标识;
(二)建筑物结构坚固,安全设施完好有效;
(三)供电系统保护装置和电气设备完好、安全;
(四)消防设施和器材完好有效,对易燃易爆物品的管理符合消防安全规定;
(五)远离地质灾害和其他危险区域,无安全隐患,在可能发生危险的地点设置警示标志;
(六)有突发事件应急处置预案和措施。
第十二条 服务设施
(一)有开展游乐活动的固定场所和娱乐设施,接待区域的地面应进行硬化处理;
(二)餐饮场所卫生符合国家有关规定,餐厅位置合理、采光通风良好,地面硬化防滑并易于清洗,其面积及桌、椅、餐具应满足接待能力要求。厨房配有防蚊、防蝇、防鼠设施,配有冷冻、冷藏、消毒等设备。
第四章 星级乡村旅游景点申报与审定
第十三条 鼓励有条件的乡村旅游经营单位申报星级乡村旅游景点。星级乡村旅游景点的报审按申请、初审、验收、审定、发证等程序进行。
第十四条 申请。乡村旅游经营单位向所在地乡镇人民政府提出星级乡村旅游景点申请,经批准后,再向当地旅游行政主管部门领取《湘西自治州星级乡村旅游景点申请审定报告书》(以下简称《报告书》),根据《报告书》的要求进行自评,然后向所在县市旅游行政主管部门提出预审申请,申请时须提交《报告书》及自评情况,同时附有关文字、图片等资料。
第十五条 初审。星级乡村旅游景点的初审由县市旅游行政主管部门组织实施。县市旅游行政主管部门接到乡村旅游经营单位提出的预审申请后,应及时组织相关部门和专家组成评定委员会进行初审;初审应在乡村旅游经营单位自评的基础上,对《报告书》中所有项目进行检查;检查结束后,及时向初审对象反馈检查情况,提出整改意见,并督促其整改;初审合格后进行公示。公示后,乡村旅游经营单位向州旅游行政主管部门提出验收申请,申请时须提交《报告书》及初审情况,同时附有关文字、图片等资料。
第十六条 验收。星级乡村旅游景点的验收由州旅游行政主管部门组织实施。州旅游行政主管部门接到验收申请后,应组织相关部门和专家组成评定委员会开展验收工作。验收组应对《报告书》中的所有项目进行检查验收。验收工作结束后,验收组应及时将验收情况向县市旅游行政主管部门和验收对象反馈,并向州旅游产业领导小组提交验收报告。
第十七条 审定。星级乡村旅游景点的审定由州旅游产业领导小组组织实施。验收工作结束后,州旅游产业领导小组应根据验收组对申报星级乡村旅游景点的验收情况,及时组织相关部门和专家集中进行审查核定。
第十八条 发证。经过州旅游产业领导小组审定的乡村旅游景点,正式命名为“湘西自治州星级乡村旅游景点”,并颁发标牌和证书,每年集中命名一次,并进行公布。
第五章 管理和处罚
第十九条 对乡村旅游景点实行综合管理,由州旅游产业领导小组办公室牵头,组织公安、工商、安监、卫生、物价、民委、环保、国土资源、住建、规划、消防、税务、质监等部门,根据各自职责对乡村旅游相关经营项目进行综合执法检查。
第二十条 乡村旅游经营单位应使用物价部门审核的门票和税务部门审核的发票。同时,公示服务项目、内容和收费标准及收费文号。
第二十一条 从事乡村旅游经营管理和服务的人员应参加相应的岗位培训,取得职业资格证,实行持证上岗。
第二十二条 对星级乡村旅游景点实行动态管理,每年复核一次,三年重新评定。
第二十三条 对评为三星级以上的乡村旅游景点,将其确定为重点保护特色村寨,州直相关部门优先安排项目资金,进行产业扶持,帮助其改善基础设施。
第二十四条 旅游者在乡村旅游景点消费期间,合法权益受到侵害时,可以向所在县市有关行政主管部门投诉,有关行政主管部门应对投诉内容进行调查。对符合受理条件的,能够当场处理的,应当场作出处理决定;不能当场处理的,应当自接到投诉之日起20个工作日作出处理决定,并书面告知投诉者。
第二十五条 星级乡村旅游景点有下列情形之一的,旅游行政主管部门可以责令其限期整顿;逾期不改的,予以通报批评,取消乡村旅游星级等级;构成违法违规的,各相关职能部门根据有关法律法规进行查处:
(一)盲目开发,违规经营,造成资源破坏的;
(二)将餐饮、运输、表演和门票捆绑销售,采取高额回扣等不正当竞争手段,扰乱乡村旅游市场秩序的;
(三)拉客宰客,打虚假广告,损害旅游者合法权益的;
(四)严重损害行业形象的。
第二十六条 本办法自公布之日起30日后施行。
SECURITIES (CLEARING HOUSES) ORDINANCE ——附加英文版
Hong Kong
SECURITIES (CLEARING HOUSES) ORDINANCE
(CHAPTER 420)
CONTENTS
ion
I PRELIMINARY
hort title
nterpretation
II DECLARATION OF CLEARING HOUSES FOR PURPOSES OF THIS
NANCE AND RULES OF CLEARING HOUSES
ecognized clearing houses
ules of recognized clearing houses, etc.
III MODIFICATIONS OF THE LAW OF INSOLVENCY TO SAFEGUARD
ATIONS AND PROCEDURES OF RECOGNIZED CLEARING HOUSES, ETC.
roceedings of recognized clearing house take precedence over law
of
lvency
upplementary provisions as to default proceedings
uty to report on completion of default proceedings
et sum payable on completion of default proceedings
isclaimer of property, rescission of contracts, etc.
Adjustment of prior transactions
Right of relevant office-holder to recover certain amounts
arising
certain transactions
Application of market collateral not affected by certain other
rests, etc.
Enforcement of judgments over property subject to market charge,
etc.
Law of insolvency in other jurisdictions
IV MISCELLANEOUS
Participant to be party to certain transactions as principal
Securities deposited with recognized clearing house
Immunity, etc.
Preservation of rights, etc.
Amendment of Schedules 1 and 2
(Omitted as spent)
Transitional
dule 1 Property which may be subject to a market charge or provided
as
et collateral
dule 2 Requirements for default rules of recognized clearing
houses
dule 3 (Omitted as spent)
Whole document:
rdinance to empower the Commission to declare clearing houses
to be
gnized clearing houses for the purposes of this Ordinance, to
provide
the approval by the Commission of the rules of recognized
clearing
es, to make provision for safeguarding the operations and
procedures
ecognized clearing houses, and to provide for matters
incidental
eto or connected therewith.
ctober 1992] L. N. 324 of 1992
PART I PRELIMINARY
hort title
This Ordinance may be cited as the Securities (Clearing
Houses)
nance.
(Omitted as spent)
nterpretation
In this Ordinance, unless the context otherwise requires--
rge" means any form of security, including a mortgage;
aring house" means a person--
whose activities or objects include the provision of services for
the
ring and settlement of transactions in securities effected
on, or
ect to the rules of, the Unified Exchange; or
who guarantees the settlement of any such transactions;
mission" means the Securities and Futures Commission
established by
ion 3 of the Securities and Futures Commission Ordinance (Cap.
24);
stitution", in relation to a clearing house, means the memorandum
and
cles of association of the clearing house;
ault proceedings" means any proceedings or other action taken
by a
gnized clearing house under its default rules;
ault rules", in relation to a recognized clearing house, means
such of
rules of the clearing house which it is required to have by virtue
of
ion 4 (2);
aulter" means a participant who is the subject of any
default
eedings; "functions" includes duties and powers;
ket charge" means a charge, whether fixed or floating,
granted in
ur of a recognized clearing house--
over any property specified in Schedule 1 which is held
by or
sited with the clearing house; and
for the purpose of securing liabilities arising directly in
connection
the clearing house's ensuring the settlement of one or more
market
racts; "market collateral" means any property specified in
Schedule 1
h is held by or deposited with a recognized clearing house for
the
ose of securing liabilities arising directly in connection
with the
ring house's ensuring the settlement of one or more market
contracts;
ket contract" means a contract subject to the rules of a
recognized
ring house entered into by the clearing house with a
participant
uant to a novation which is both in accordance with those rules
and
the purposes of the clearing and settlement of
transactions in
rities effected on, or subject to the rules of, the Unified
Exchange;
icer" means an officer within the meaning of section 2
of the
anies Ordinance (Cap. 32);
ticipant" means a person who, in accordance with the rules
of a
gnized clearing house, may participate in one or more of the
services
ided by the clearing house in its capacity as a clearing house;
formance", in relation to a function, includes discharge and
exercise;
ognized clearing house" means a clearing house declared under
section
) to be a recognized clearing house for the purposes
of this
nance;
evant office-holder" means--
the Official Receiver appointed under section 75 of the
Bankruptcy
nance (Cap. 6);
any person acting in relation to a company as its
liquidator,
isional liquidator, receiver or manager;
any person acting in relation to an individual as his
trustee in
ruptcy or interim receiver of his property; or
any person appointed pursuant to an order for the
administration in
ruptcy of an insolvent estate of a deceased person;
es", in relation to a clearing house--
means the constitution, rules, regulations or directions, by
whatever
called, governing the membership, management,
operations and
edures of the clearing house; and
without restricting the generality of paragraph (a), includes
rules,
lations or directions relating to--
the provision of clearing and settlement services, and the
suspension
ithdrawal of such services;
the provision of services other than the services referred
to in
aragraph (i);
) the persons who may participate in one or more of the
services
rred to in subparagraphs (i) and (ii); and
setting and levying fees and charges;
urities" means securities within the meaning of section 2
of the
rities Ordinance (Cap. 333);
tlement", in relation to a market contract, includes
partial
lement; "Unified Exchange" means the Unified Exchange
established
r section 27 of the Stock Exchanges Unification Ordinance (Cap.
361).
Where--
a charge is granted partly for the purpose specified in the
definition
market charge" and partly for other purposes, the charge is in
this
nance a market charge in so far as it has effect for that
specified
ose;
collateral is provided partly for the purpose specified
in the
nition of "market collateral" and partly for other
purposes, the
ateral is in this Ordinance market collateral in so far as it has
been
ided for that specified purpose.
References in this Ordinance to the law of insolvency
include
rences to every provision made by or under--
the Bankruptcy Ordinance (Cap. 6);
the Companies Ordinance (Cap. 32); and
any other enactment which is concerned with or in any way related
to
insolvency of a person.
References in this Ordinance to settlement in relation to a
market
ract are to the discharge of the rights and liabilities of the
parties
he contract, whether by performance, compromise or otherwise.
PART II DECLARATION OF CLEARING HOUSES FOR PURPOSES OF THIS ORDI-
NANCE AND RULES OF CLEARING HOUSES
ecognized clearing houses
Where the Commission is satisfied that it is appropriate to do
so in
interest of the investing public or in the public interest, or
for the
er regulation of services for the clearing and
settlement of
sactions in securities, it may, with the consent in writing
of the
ncial Secretary, by notice in the Gazette, declare a clearing
house to
recognized clearing house for the purposes of this Ordinance.
Where the Commission makes a declaration under subsection
(1) in
ect of a clearing house--
it shall give notice thereof in writing to the clearing house;
and
the rules of the clearing house in operation immediately
before the
aration shall continue to have effect unless otherwise
specified, or
l such time as is specified, in the notice referred to in paragraph
ules of recognized clearing houses, etc.
Subject to section 3 (2) (b) and subsection (4), no rules
of a
gnized clearing house (including any default rules of the
clearing
e) or any amendment thereto shall have effect unless
approved in
ing by the Commission.
A recognized clearing house shall have rules which provide
for the
ng of proceedings or other action in the event of a
participant
aring to be unable, or likely to become unable, to
meet his
gations in respect of all unsettled market contracts to which he
is a
y, and such rules shall comply with the requirements of Schedule
2.
Where a recognized clearing house takes any default proceedings,
all
equent proceedings or other action taken under its rules
for the
oses of the settlement of market contracts of which the
defaulter
erned is a party shall be treated as done under the default rules
of
clearing house notwithstanding that, but for this subsection,
such
equent proceedings or other action would not be treated as done
under
default rules of the clearing house.
The Commission may, by notice in the Gazette, declare any
class of
s of a recognized clearing house (except any default rules
of the
ring house) to be a class of rules which are not required
to be
oved under subsection (1) and, accordingly, any rules of that
clearing
e which belong to that class (including any amendment thereto)
shall
effect notwithstanding that they have not been so approved.
Without prejudice to the operation of subsection (4), a
recognized
ring house shall submit or cause to be submitted to the
Commission,
the information of the Commission, any of its rules
(including any
dment thereto )--
which belong to a class of rules the subject of a declaration
under
ection (4); and
as soon as practicable after those rules (or amendment thereto,
as the
may be) are made.
A recognized clearing house shall submit or cause to be
submitted to
Commission for its approval the rules of the clearing house and
every
dment thereto except any rules (including any amendment thereto)
which
ng to a class of rules the subject of a declaration under
subsection
Subject to subsections (8) and (9), the Commission shall,
within 6
s after the receipt of any submission under subsection (6)
from a
gnized clearing house, give notice in writing to the clearing
house
its approval of; or
its refusal to approve,
rules or amendment of the rules, as the case may be, or any
part
eof, the subject of the submission.
The Commission may, in a particular case, with the agreement of
the
gnized clearing house concerned, extend the time
prescribed in
ection (7).
The Financial Secretary may, on the advice of the
Commission and
er generally or in a particular case, extend the time
prescribed in
ection (7).
The Commission may request in writing a recognized clearing
house--
to make rules--
specified in the request; and
within the period specified in the request; or
to amend rules--
referred to in the request;
in the manner specified in the request; and
) within the period specified in the request.
Where the Commission is satisfied that a recognized clearing
house
not complied with a request referred to in subsection (10) within
the
od specified in the request, the Commission may direct in writing
the
ring house to comply with the request within such further period
as is
ified in the direction and, accordingly, the clearing house
shall
ly with that request within that further period.
For the purposes of subsection (10), "rules", in relation
to a
gnized clearing house, do not include the constitution of the
clearing
e.
PART III MODIFICATIONS OF THE LAW OF INSOLVENCY TO SAFEGUARD OPE-
RATIONS AND PROCEDURES OF RECOGNIZED CLEARING HOUSES, ETC.
roceedings of recognized clearing house take precedence over
law of
lvency
None of the following shall be regarded as to any extent
invalid at
on the ground of inconsistency with the law relating
to the
ribution of the assets of a person on insolvency,
bankruptcy or
ing-up, or on the appointment of a receiver over any of the assets
of
rson--
a market contract;
the rules of a recognized clearing house relating to the
settlement of
rket contract;
any proceedings or other action taken under the rules of a
recognized
ring house relating to the settlement of a market contract;
a market charge;
the default rules of a recognized clearing house; or
any default proceedings.
Subject to subsection (3), the powers of a relevant office-
holder in
capacity as such, and the powers of a court under the
law of
lvency, shall not be exercised in such a way as to
prevent or
rfere with--
the settlement in accordance with the rules of a recognized
clearing
e of a market contract; or
any default proceedings.
Subsection (2) shall not operate to prevent a relevant
office-holder
seeking to recover any amount under section 11 after the
completion
matter referred to in paragraph (a) or (b) of that subsection.
upplementary provisions as to default proceedings
A court may on an application by a relevant office-holder make
such
r as it thinks fit altering or releasing him from compliance with
such
he functions of his office as are affected by the fact that
default
eedings are pending or could be taken, or have been or could have
been
n and, accordingly, such functions of the relevant officeholder
shall
onstrued subject to such order.
Nothing in--
section 12, 14 or 20 of the Bankruptcy Ordinance (Cap. 6); or
section 166, 181, 183, 186 or 254 of the Companies Ordinance
(Cap.
shall prevent or interfere with any default proceedings.
uty to report on completion of default proceedings
A recognized clearing house shall, upon the completion by it of
any
ult proceedings, make a report on such proceedings stating in
respect
ach defaulter--
the net sum, if any, certified by the clearing house to be payable
by
o the defaulter; or
the fact that no sum is so payable,
he case may be, and the clearing house may include in that report
such
r particulars in respect of such proceedings as it thinks fit.
A recognized clearing house which has made a report
pursuant to
ection (1) shall supply the report to--
the Commission;
any relevant office-holder acting in relation to--
the defaulter to whom the report relates; or
that defaulter's estate;
if there is no relevant office-holder referred to in paragraph
(b),
defaulter to whom the report relates.
Where the Commission receives pursuant to subsection (2) a report
made
uant to subsection (1), it may publish notice of that fact in
such
er as it thinks appropriate to bring it to the attention of
creditors
he defaulter to whom the report relates.
Where a relevant office-holder or defaulter receives
pursuant to
ection (2) a report made pursuant to subsection (1), he shall,
at the
est of a creditor of the defaulter to whom the report relates--
make the report available for inspection by the creditor;
on payment of such reasonable fee as the relevant office-
holder or
ulter, as the case may be, determines, supply to the creditor all
or
part of that report.
In subsections (2), (3) and (4), "report" includes a copy of a
report.
et sum payable on completion of default proceedings
The provisions of this section shall apply with respect to any
net sum
ified under section 7 (1) (a) by a recognized clearing house, upon
the
letion by it of any default proceedings, to be payable by or
to a
ulter.
Where a receiving or winding-up order has been made, or a
resolution
voluntary winding-up has been passed, any net sum
shall,
ithstanding any of the provisions of section 34 or 35
of the
ruptcy Ordinance (Cap. 6) or section 264 of the Companies
Ordinance
. 32), be--
provable in the bankruptcy or winding-up or, as the case
may be,
ble to the relevant office-holder; and
taken into account, where appropriate, under section 35
of the
ruptcy Ordinance (Cap. 6) or that section as applied in the case
of a
ing-up order under the Companies Ordinance (Cap. 32).
isclaimer of property, rescission of contracts, etc.
Neither section 59 of the Bankruptcy Ordinance (Cap. 6) nor
section
of the Companies Ordinance (Cap. 32) shall apply in relation to--
a market contract;
a contract effected by a recognized clearing house for the purpose
of
izing property provided as market collateral;
a market charge; or
any default proceedings.
Neither section 42 of the Bankruptcy Ordinance (Cap. 6) nor
section
of the Companies Ordinance (Cap. 32) shall apply in relation to
any
matter or thing which has been done pursuant to--
a market contract;
a disposition of property pursuant to a market contract;
the provision of market collateral;
a contract effected by a recognized clearing house for the purpose
of
izing property provided as market collateral, or any
disposition of
erty pursuant to such a contract;
a disposition of property in accordance with the rules of a
recognized
ring house as to the application of property provided as
market
ateral;
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