Local State-Owned Assets Supervision And Guidance Methods Of Supervision

Original Language Title: 地方国有资产监管工作指导监督办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201207/20120700369592.shtml

Local State-owned assets supervision and guidance methods of supervision

    (March 31, 2011 the State-owned assets supervision and Administration Commission of the State Council promulgated as of May 1, 2011, 25th) Chapter I General provisions

    First to strengthen the guidance and supervision of the work of local State-owned assets supervision and protection of local State-owned assets supervision is standardized and orderly, according to the People's Republic of China State-owned assets law, interim regulations on State-owned assets supervision and administration of enterprises and other legal and administrative regulations, these measures are formulated.

    Second supervise local State-owned assets supervision and administration of State-owned assets supervision, provinces (autonomous regions and municipalities) and municipal (ground) level guidance and supervision of State-owned assets supervision and administration of the State-owned assets supervision procedures apply.

    Article supervision and guidance in these measures refers to a superior state-owned assets supervision and administration in accordance with the laws and regulations, and to lower levels of Government implementation of the State-owned assets supervision and standardizing, guiding propulsion, communications, supervision and other related activities.

    Fourth guidance and supervision work should be guided by the following principles:

    (A) adhere to the principle of State-owned assets are owned by the State, responsible for monitoring the implementation of the State-owned assets, protection of State-owned assets supervision and implementation of policies and regulations. (B) adhere to the Central and local governments on behalf of the State to fulfil the responsibilities of investor principle, State-owned assets supervision and administration institutions at all levels, as the ad hoc body directly under the Government, shall be in accordance with its mandate, in accordance with the statutory responsibilities and procedures to guide and supervise the work.

    State-owned assets supervision and administration institutions at higher levels shall respect and uphold the subordinate investor rights of State-owned assets supervision and administration, shall replace or interfere the lower contribution of State-owned assets supervision and administration functions, may interfere in enterprises ' autonomy.

    (C) adhere to the separation of the Government's public management functions and the principle of the separation of the functions of the investors of State-owned assets, improve the operation mechanism of State-owned assets management and supervision system of State-owned enterprises, encourage local and actively explore effective ways and means of State-owned assets supervision and management.

    (D) the principle of compliance according to law, strengthen guidance, highlighting the focus of supervision, enhance the standard of local State-owned assets supervision and effective.

    Article fifth State-owned assets supervision and administration in accordance with the laws and administrative rules and regulations, the drafting of draft laws and regulations, State-owned assets supervision and administration, development of relevant regulations and rules, guiding norms at all levels of local State-owned assets supervision.

    Local State-owned assets supervision and administration in accordance with local practice, according to the State-owned assets regulatory provisions of the laws, regulations and regulatory documents, formulate measures for its implementation, guidelines of State-owned assets supervision. Sixth State-owned assets supervision of specific matters step by step guidance and supervision.

    Should strengthen the provincial State-owned assets supervision and administration of State-owned assets supervision and administration of specific operational guidance supervision; provincial State-owned assets supervision and Administration Department shall strengthen the cities (prefectures), level specific operational guidance and supervision of the State-owned assets supervision and administration bodies; (ground) level of Government shall strengthen County-level State-owned assets supervision and administration of State-owned assets supervision and specific operational guidance and supervision.

    (Ground) level, the County Government has not set up separate State-owned assets supervision and administration bodies, should be level on State-owned assets supervision and administration building and lower levels of Government bear the responsibility of State-owned assets supervision Department, agency guidance and supervision work system.

    Seventh formulated at a higher level of State-owned assets supervision and administration of State-owned assets supervision rules and regulations, supervise the work carried out, should make for lower-level State-owned assets supervision and administration of the comments and suggestions to strengthen communication with lower-level State-owned assets supervision and administration.

    Chapter II supervision and guidance work

    Eighth levels of State-owned assets supervision and Administration Department shall, in accordance with guidance and supervision responsibilities, clear guidance and supervision Division of leadership and work mechanism, strengthened oversight of integrated and coordinated, timely research and summarizing the work under direct supervision on major issues and conditions.

    Nineth levels of State-owned assets supervision and management should be strengthened between the vertical communication and coordination, perfect linkage, standard, full coverage of the direct supervision system, strengthen supervision and guidance system, establish and improve the day-to-day information communication platform.

    Chapter III supervision and guidance work

    Tenth at a higher level of State-owned assets supervision and administration in accordance with the following local State-owned assets supervision guidance and norms:

    (A) the reform of State-owned assets management system and system improvement;

    (B) the State-owned assets supervision and administration bodies to carry out the responsibilities of investor;

    (C) the reform and development of State-owned enterprises;

    (D) the State-owned economy distribution and structure adjustment;

    (E) the basis of State-owned assets management;

    (Vi) other matters that require guidance.

    11th at a higher level of State-owned assets supervision and administration institutions should strengthen communication and coordination with the lower levels of Government, in accordance with the relevant provisions of the interim regulations on State-owned assets supervision and administration, to subordinate establishments, State-owned assets supervision and administration responsibilities, supervision and construction of research guidance.

    12th should guide the lower at a higher level of State-owned assets supervision and administration of State-owned assets supervision and administration in accordance with specifications fulfil the responsibilities of investor, establishing and perfecting the performance evaluation, financial budget and final accounts management and financial management, auditing, capital gains and budget accountability audit, the Board of supervisors, participation in major leadership decision-making, enterprise management, salary distribution, important work such as corporate governance, strengthen supervision of State-owned assets. 13th article superior state-owned assets supervision management institutions should guide subordinate State-owned assets supervision management institutions deepening State-owned enterprise reform, speed up company business joint-stock reform and restructuring listed pace, perfect company corporate governance structure, established specification of Board; Guide subordinate State-owned assets supervision management institutions promoted enterprise established sound financial, and audit, and Enterprise counsel and workers democratic supervision system; guide subordinate State-owned assets supervision management institutions specification State-owned assets business company operation

    ; Guidance promote lower-level State-owned assets supervision and administration of State-owned enterprises to speed up the transformation of economic development pattern, strengthen independent innovation and resource integration.

    14th state-owned assets supervision and administration institutions at higher levels shall supervise associates actively explore local State-owned assets supervision and administration of State-owned economy to play a leading role in areas and ways of State-owned capital into important industries and key areas of focus, promote different enterprises, various levels of State-owned assets supervision and administration in accordance with the market-oriented principle of mergers and restructuring.

    15th should guide the lower at a higher level of State-owned assets supervision and administration of State-owned assets supervision and administration according to law to carry out registration, asset evaluation, property rights transfer of State-owned equity management, assets, asset management, statistics, performance evaluation, economic operation and dynamic monitoring of Foundation management.

    16th should guide the lower at a higher level of State-owned assets supervision and administration of State-owned assets supervision and administration under the leadership of local party committees to strengthen State-owned enterprises party building, qungong, advocacy as well as fighting corruption and upholding integrity, stabilisation of letters and calls, and so on.

    17th at a higher level of State-owned assets supervision and administration in accordance with law on local State-owned assets supervision supervises the following check or supervise the investigation process:

    (A) transfer of property right of State-owned enterprises, State-owned enterprise reform, the transfer of State-owned shares of listed companies in activities such as illegal behavior, causing major losses of State assets, or significant social impact;

    (B) violation of property registration of State-owned assets assessment, regulations, causing major losses of State assets, or significant social impact;

    (C) in violation of the relevant provisions of the State-owned assets of enterprises Statistics, neglect or instigates others to provide false data or information provided, causing serious consequences;

    (D) the provisions of laws and regulations, the Party Central Committee and the State Council directives and other matters related to government requirements.

    The fourth chapter Guide and supervise work 18th at all levels should attach great importance to state-owned assets supervision and administration of State-owned assets supervision system, establish and improve the system, clear and timely regulatory issues to the work of local State-owned assets.

    Formulated superior state-owned assets supervision and administration of State-owned assets supervision and regulatory documents shall be issued in a timely manner or copied to the lower-level State-owned assets supervision and administration.

    19th at various levels shall strengthen the State-owned assets supervision and administration of State-owned assets supervision study guide, lower-level State-owned assets supervision and administration bodies to hold workshops are regularly organized, enhancing business communication and training, mutual learning, promotion, promptly summed up the promotion of State-owned enterprise reform and development of State-owned assets supervision and the typical experience. 20th levels should focus on State-owned assets supervision and Administration Center, highlighted problems in the local State-owned assets supervision to determine annual focus on instructing and supervising work, development of issuance of the relevant work plans.

    Lower-level State-owned assets supervision and administration bodies supervise the programme of work should be reported to a superior state-owned assets supervision and administration.

    Article 21st State-owned assets supervision and administration bodies and provincial government established State-owned assets supervision and administration of State-owned assets supervision system, safeguard the unity of national system of State-owned assets supervision. Subordinate regulatory documents developed by the State-owned assets regulatory authority, shall from the date of publication in the 30th CC superior state-owned assets supervision and Administration Department for record.

    Its existence and the State-owned assets supervision and administration and regulations, contravene the regulations and regulatory documents, the superior state-owned assets supervision and Administration Department shall promptly advise, supervise subordinates be amended according to the procedure of State-owned assets supervision and administration.

    22nd State-owned assets supervision and administration bodies and provincial government established State-owned assets supervision and administration of State-owned assets regulatory and policy implementation of supervision system for local implementing regulations and policies of State-owned assets supervision, research guidance and supervision and inspection.

    Superior found lower levels of Government state-owned assets supervision and administration of State-owned assets supervision and the State-owned assets supervision laws, administrative regulations, and the central policies of conformity, it shall propose corrective comments and suggestions. 23rd levels established State-owned assets supervision and administration of State-owned assets supervision system of reporting on important matters.
Lower-level State-owned assets supervision and administration institution shall, in respect of the following matters to the parent report of the State-owned assets supervision and administration:

    (A) the bodies of local State-owned assets supervision and administration institutions, responsibilities, location, significant changes in the scope of regulation;

    (B) the total State-owned assets in the region, changes in the structure, and the contribution totals monthly and annual financial condition of the company;

    (C) local State-owned assets supervision and other major issues in the reform and development of State-owned enterprises. 24th levels carry out supervision and inspection of State-owned assets supervision and administration, should be carried out strictly in accordance with the statutory duties and legal procedures. 17th supervisory matters under these measures, the superior state-owned assets supervision and administration bodies can take interviews, writing supervisor, special inspections, sending inspectors team, urged to correct violations.

    Lower-level State-owned assets supervision and Administration Department shall promptly report to the supervisor of State-owned assets supervision and administration handling of related matters.

    Unit, personal responsibility for illegal acts, depending on the seriousness of superior state-owned assets supervision and administration, criticized in the system or treatment recommendations to the lower levels of Government; beyond the scope of State-owned assets supervision and administration responsibilities of illegal matters, it shall be transferred to the relevant bodies.

    The fifth chapter by-laws

    25th may, in accordance with the local State-owned assets supervision and administration measures, development of local supervision and guidance of local State-owned assets implementing measures. 26th article of the rules take effect on May 1, 2011. Original work of the interim measures for the supervision and guidance of local State-owned assets supervision (SASAC 15th) repealed simultaneously.