Hunan Province, State-Owned Resources Compensable Use Of Revenue Management Approaches

Original Language Title: 湖南省国有资源有偿使用收入管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351895.shtml

Hunan province, State-owned resources compensable use of revenue management approaches

    (July 4, 2011 the 87th meeting of the people's Government of Hunan Province passed July 26, 2011, Hunan provincial people's Government promulgated as of October 1, 2011, No. 254) first in order to optimize the allocation of State-owned resources, improve the efficiency of State-owned resources, regulating State-owned resources compensable use of revenue management, preventing the loss of State-owned resources income, according to the Hunan provincial non-tax income management regulations and the provisions of other relevant laws and regulations, these measures are formulated. Article province within the administrative area of State-owned resources compensable use of revenue collection and management and oversight procedures apply.

    Otherwise provided by laws and regulations, from its provisions.

    Third financial Department of the people's Governments above the county level shall be in charge of the management of State-owned resources compensable use income sectors.

    Administrative supervision and auditing departments shall, in accordance with their respective responsibilities, management of State-owned resources compensable use income-related work.

    Fourth State-owned resources compensable use of income mentioned in these measures refers to fulfill State-owned resource management functions, took the management of State-owned resources unit (excluding the financial and accounting system for business enterprises and institutions) income from exploitation of State-owned resources and legal assignment, lease of State-owned resources exploration rights and mining rights, and the right to revenue, tenure, etc.

    Fifth State-owned resources compensable use of income include:

    (A) State-owned land, rivers and lakes, water resources, heat transfer and lease of the income from compensated use;

    (B) mineral exploration right and mining right fee income and price;

    (C) the world natural and cultural heritage, key cultural relics protection units and the construction of scenic spot tickets of government investment income and income from compensated use;

    (D) Government-run broadcasters take up advertising revenues on national radio frequency resources;

    (E) Government investment construction of public facilities development rights, use rights, naming rights, advertising rights, franchise revenue paid use;

    (Vi) Government investment in building roads, public places to set revenue parking;

    (VII) use of Government credit and Government-owned information, technology and other resources income;

    (VIII) use of other State revenue resources.

    The sixth State-owned resources compensable use falls under the Government non-tax income, the implementation of budget management, co-ordination arrangements mandated shall be earmarked for specific purposes, mainly for the protection, development and utilization of State-owned resources.

    No entity may collect, retain or appropriate or divert or reduce, waive or sustained without authorization received income from compensated use State-owned resources.

    Seventh people's Governments above the county level should establish and improve the incentive mechanism, encouraged to perform State-owned resource management functions, took the management of State-owned resources of the unit to use idle state-owned resources compensable use, increasing the income from compensated use.

    Fulfill State-owned resource management functions, acting as State resources management unit of State-owned resources compensable use of, should adhere to the rational development and protection, sustainable use of State resources. The eighth paid use, market development and utilization of State-owned resources should follow the principle.

    Law right to use State-owned resource management, assignment, lease, should select qualified through public agencies to assess their value at a lawfully established institutions trading through bidding, auction and listing ways to identify assignment, lease objects.

    Nineth article single State-owned resources paid using income levy using management approach, belongs to province range within unified implementation of, by Province Government financial sector with State-owned resources related management sector developed; belongs to City State, and County urban range within implementation of, by about City State, and County urban government financial sector with sibling State-owned resources related management sector developed, reported Province Government financial sector and State-owned resources related management sector record.

    Tenth Law of State-owned resources management functions, took the management of State-owned resources of the unit shall establish a sound internal financial audit system of State-owned resources compensable use of income, with the financial sector and make State-owned resources compensable use of revenue collection and administration, provide State-owned resources compensable use of income payments and information, and accept supervision by the financial and auditing departments to check.

    11th collection of State-owned resources compensable use of income should be paid to the State Treasury in full in accordance with the following procedure:

    (A) issued to the contributor a valid ticket;

    (B) contributions from people with a valid ticket to the non-tax revenue collection banks paid funds through the financial sector's non-tax revenue remitted settlement payable funds paid to the State Treasury in full.

    12th article law perform State-owned resources management functions, and generation line State-owned resources management right of units shall not using funds between settlement notes and homemade notes, and void notes, illegal notes charged state-owned resources paid using income; shall not unauthorized established income transition account or will units basic account and other account as income transition account levy State-owned resources paid using income; shall not will state-owned resources paid using income directly arrived top units spending.

    13th financial Department of the people's Governments above the county level shall strengthen the State-owned resources compensable use of revenue collection, warehousing, expenditure and utilization of financial instruments of supervision and inspection, to investigate and punish violations of revenue management.

    14th acts in violation of these rules, the financial illegal activities penalties under the State Council Ordinance and other provisions of laws and regulations have legal responsibilities, in accordance with its provisions; does not specify the legal liability, according to the provisions of these measures.

    15th article violates these rules, any of the following acts, the financial Department in charge or relevant departments shall be ordered to correct, any funds recovered illicit funds, directly responsible for the charge and other direct liable persons shall be given by the competent authorities or administrative supervision departments dispose of constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) collect, retain or misuse, misappropriation or unauthorized reduce, waive, slow collection of State-owned resources compensable use of income;

    (B) use funds between bills and homemade instruments and invalid bills, collection of State-owned resources compensable use illegal instruments of income;

    (C) establishes a transition accounts or income per unit of basic accounts and other accounts as income account is imposed by the State-owned resources compensable use of transition;

    (D) State-owned resources compensable use directly against the top unit of income over expenditure.

    16th the financial sector and the other sectors concerned in the supervision and administration of State-owned resources compensable use abuse of power, negligence, malpractice, resulting in loss of income from compensated use, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law. 17th these measures come into force October 1, 2011.