Inner Mongolia Autonomous Region, Administrative Institution State-Owned Assets Management Way

Original Language Title: 内蒙古自治区行政事业单位国有资产管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351892.shtml

Inner Mongolia autonomous region, administrative institution State-owned assets management way

    (May 6, 2011 Executive meeting of the people's Government of Inner Mongolia autonomous region, the 5th through May 30, 2011, the people's Government of Inner Mongolia Autonomous Region 181th release come into force July 1, 2011) Chapter I General provisions

    First to strengthen administrative institution State-owned assets management, improve the efficiency of State-owned assets, and maintain the security and integrity of the State-owned assets, according to the relevant regulations of the State, combined with State practice, these measures are formulated.

    Second approach applies to the party offices in the administrative areas of the autonomous region, the NPC organs, administrative organs, organs, judicial organs and procuratorial organs of the CPPCC, democratic bodies (hereinafter referred to as administrative unit) and the institutions of the State-owned assets management.

    Article III administrative institution State-owned assets in these measures refers to administrative institutions possess, use, legally recognized as State-owned, to monetary unit of economic resources in General. Administrative institution State-owned assets, including formation of State financial money assets in administrative institutions, countries allocate assets, organizational income assets according to state regulations, as well as donations and other legally recognized as State-owned assets.

    Form of fixed assets, current assets, and intangible assets such as foreign investment.

    Fourth administrative institution State-owned asset management shall follow the combination of asset management and budget management, asset management and finance management combining and the combination of physical management and value management principles.

    Flags of the fifth people's Governments above the county level shall strengthen leadership on administrative institution State-owned assets management, coordinate and solve major issues in administrative institution State-owned assets management.

    Sixth flag financial Department of the people's Governments above the county level are responsible for the integrated administrative institution State-owned assets supervision and management.

    Administrative units are responsible for the specific management of State-owned assets of the unit, and is responsible for the unit of State-owned assets supervision and administration.

    Auditing and supervision departments above the county level people's Governments shall, in accordance with their respective responsibilities, to do administrative institution State-owned assets supervision and administration.

    Chapter II assets allocation

    Seventh administrative institution State-owned asset allocation should be guided by the following principles:

    (A) administrative institutions adapted to perform its duties;

    (B) reasonable asset structure;

    (C) acquisition and transfer, lease combined

    (Iv) combined with the financial and budgetary management. Eighth administrative institution State-owned assets should be in accordance with the State and the autonomous communities provided for standard configuration.

    Rule configuration standards, financial Department of the people's Governments above the county level shall, jointly with relevant departments.

    In the Nineth Department budget earlier in the year, administrative institutions for the use of financial resources for the purchase of assets above the specified limit, should prepare the asset purchase plan, after examination by the competent authorities, the financial Department of the people's Government of the same level for approval.

    Without approval, administrative institutions and asset acquisition projects may not be included in the budget and expenditures of the Department.

    Tenth annual budget implementation, the administrative institution is absolutely necessary to use supplementary budget and other financial resources for the purchase of assets above the specified limit, procedures should be in accordance with the provisions of the Nineth report for approval. 11th administrative institutions used government funds to buy assets below the specified limit, and the use of other resources for the purchase of assets, reported to the competent authorities for approval.

    Competent authorities shall regularly report on the approval of the financial Department of the people's Government for the record.

    12th administrative institutions used government funds to buy assets above the specified limit to update or replace the original asset, at the time of preparation of the asset-purchase plan, apply in the original disposition of assets shall at the same time, the financial Department of the people's Government of the same level for approval.

    13th administrative institution to the competent authority or other authority for project funding, before the relevant financial departments, should matters involving asset purchases above the specified limit by the financial Department of the people's Government of the same level for approval.

    14th administrative institutions of higher authorities direct configuration, allocation, award of assets assets and donations and other legally recognized as State-owned assets should be accounted for in a timely manner and report to the financial Department of the people's Government for the record.

    15th article approved by the people's Government above the county level, funds held by the financial arrangements of major conferences, organising large-scale activities require the purchase of assets, by meeting or event organizers reported the financial Department of the people's Government of the same level for approval.

    16th administrative institutions will be expected to purchase asset acceptance, registration, input the asset information management system and accounting treatment.

    Chapter III asset use

    17th administrative institutions shall set up and perfect the State-owned asset management system, regulate the use of State-owned assets.

    18th administrative unit may use State-owned assets held in any form of economic entities. Administrative unit in this way before the organized economic entity had taken advantage of the State-owned assets should be decoupled in accordance with State regulations.

    Before decoupling, economic entity of the administrative unit shall, in accordance with the provisions of its economic benefits, income distribution and the use of monitoring and management; financial Department of the people's Governments above the county level shall strengthen the supervision and inspection.

    19th administrative unit may use State-owned assets in overseas investment, guarantees, public institutions and social organizations may make use of external guarantees of State-owned assets, except as otherwise provided by law.

    20th proposed the leasing of State-owned assets in administrative institutions, lending institution proposed foreign investments of State-owned assets, guarantees, should be above the specified limit by the competent departments for examination and approval, the financial Department of the people's Government of the same level for approval.

    21st administrative unit of State-owned assets revenue leasing, lending, and investment income obtained from not decouple economic entities, in accordance with the Government non-tax income management regulations, the two lines of income and expenditure management, by the financial Department of the people's Government of the same level overall arrangement.

    Institutions using state-owned asset leasing, lending and guarantee income as well as income from foreign investment, carry out two lines of income and expenditure management.

    22nd of the administrative institutions above-standard configuration, utilization, or idle state assets for a long time, more than the specified limit by the financial Department of the people's Government of the same level of transfer or disposal.

    The fourth chapter assets disposal

    23rd administrative institution State-owned asset disposal refers to the transfer of property right of State-owned assets in administrative institutions and verification, including free transfers of State-owned assets, sell, Exchange, donation, loss and abandonment, as well as a monetary asset write-off of losses.

    24th administrative institution State-owned asset disposal include:

    (A) assets;

    (B) for technical reasons and scientific reasoning, absolutely necessary to discard, out of the assets;

    (C) Division, cancellation, consolidation, restructuring, affiliation changes cause property or use rights transfer of assets;

    (D) shortage, bad debts and abnormal loss of assets;

    (E) has assets over useful life cannot be used;

    (F) assets cannot meet the unit can perform its duties;

    (VII) in accordance with the relevant provisions of the State asset disposal is required in other circumstances. 25th above the disposal of State-owned assets in administrative institutions within the prescribed limit shall, after examination by the competent authorities, the financial Department of the people's Government of the same level for approval; dispose of State-owned assets in below the specified limit, submitted to the competent authorities for approval, authorities would regularly report on approval of the financial Department of the people's Government for the record.

    Otherwise stipulated by laws, administrative regulations, in accordance with its provisions.

    Article 26th sale and replacement of land, houses, cars administrative institutions, as well as large (expensive) instruments and equipment shall be subject to qualification assessment of asset evaluation institutions to assess and report to the financial Department of the people's Government of the same level approval or for the record.

    27th approved convening major conferences, in organizing large scale events, such as the purchase of State-owned assets by the organizers at the meeting, activities at the end after the approval in accordance with article 25th of this approach for disposal.

    28th administrative units Division, undo changes, mergers, restructuring and affiliation, should conduct a comprehensive inventory of their assets and registration, audited by the financial Department of the people's Government of the same level before they can be disposed of.

    29th administrative institution State-owned asset disposal income, according to the Government non-tax income management regulations, the two lines of income and expenditure management.

    Fifth chapter, asset valuation and asset inventory

    30th administrative institutions has any of the following circumstances shall entrust asset evaluation quality assessment agencies to assess the underlying assets:

    (A) made no original proof of prices of assets;

    (B) the sale, transfer, replacement of State-owned assets;

    (C) the Division, merger or liquidation;

    (D) the whole or part of the assets leased to non-State units;

    (E) determining asset values to the proceedings;

    (F) in accordance with the relevant provisions of the State assets assessment needs in other circumstances.

    Restructuring institutions involved in whole or in part for the business, or to foreign investment in non-monetary assets, assets assessment shall be in accordance with the provisions of the preceding paragraph. 31st administrative institution State-owned asset valuation and recording system for the implementation of approved projects.

    Specific measures shall be in accordance with the relevant provisions of the State and the autonomous communities.

    32nd administrative institutions to conduct asset assessment, shall provide the relevant information and data, not to practise any form of intervention to assess institutional independence.

    33rd administrative institutions has any of the following circumstances, should be an asset inventory:

    (A) country-specific work requirements or of the people's Governments at the corresponding level organization's asset inventory;

    (B) the restructuring of major changes in part or as a whole, for the enterprise;

    (C) suffered major natural disasters and other force majeure causes serious loss of assets;

    (D) loss of significant or serious distortion of accounting information in State-owned assets;

    (E) significant changes in the accounting policy, involve the passing of important changes in accounting methods;

    (F) asset inventory of the financial Department of the people's Government that it should be in other circumstances.

    Inventory of assets in administrative institutions should be reported to the financial Department of the people's Government for approval, but the preceding paragraph (a), except as set forth.

    The sixth chapter, property registration and property rights dispute

    Article 34th administrative institution State-owned assets property rights registration system. Administrative institutions shall apply to the financial Department of the people's Government of property rights registration and administrative institutions to issue by the financial Department of the people's Government property registration certificate.

    Property rights registration certificate printed centrally by the financial Department of the autonomous regional people's Government.

    35th administrative institution shall divest, merge, part of the restructuring and affiliation, unit name, domicile and head of unit and other property rights registration content changes, should go through the registration of property rights.

    Administrative institutions were revoked or liquidation, cancellation for reasons such as the overall restructuring, should go through the cancellation of registration of property rights. 36th between administrative units or administrative institutions and property rights disputes with other State units, settled by the parties concerned.

    No settlement can be to the people's Governments at the corresponding level in financial sector or financial Department of the people's Governments at the request of mediation on the common, necessary times have jurisdiction of the people's Government. Between administrative institutions and the non-State entity or individual property rights disputes arising from administrative units shall put forward opinions, reported to the financial Department of the people's Government for approval, consultation with other parties; institutions approved by the competent departments, reported to the financial Department of the people's Government for approval, consultation with other parties.

    No settlement in accordance with the judicial process.

    The seventh chapter, supervision and inspection

    37th administrative institution State-owned asset supervision shall adhere to internal oversight combined with financial oversight, audit supervision, social supervision, supervision and oversight, combining the ex post supervision, daily monitoring and special inspection combined.

    Article 38th financial Department of the people's Governments above the county level shall establish administrative institution State-owned asset audit system on administrative institution State-owned assets and disposal activities such as the implementation of routine inspection and periodic inspection.

    Flag of the 39th people's Governments above the county-level financial authorities and institutions shall establish a management information system for State-owned assets, State-owned assets management and statistical reporting, dynamic management of State-owned assets.

    40th banner people's Governments above the county-level financial authorities and institutions shall establish a reporting system, public telephone, mailing address or e-mail and so on.

    Any unit and individual have the right to report the acts in violation of these rules, flag financial Department of the people's Governments above the county level, administrative institutions and other relevant departments upon receipt of the report, should be dealt with according to law.

    The eighth chapter legal liability

    41st administrative institutions and their staff members in violation of the rules of any of the following acts, in accordance with the relevant provisions of the regulations of the financial illegal activities penalties and treatment:

    (A) making, under false pretenses and other means to defraud;

    (B) unauthorized possession, use and disposal of State-owned assets;

    (C) is not paid according to the regulations of State-owned assets;

    (D) unauthorized use of State-owned assets to provide security.

    42nd administrative institutions and their staff members in violation of the rules of any of the following acts, by the financial Department of the people's Governments shall order rectification directly responsible in charge and other direct liable persons, by appointment and removal or the supervisory organs shall be given administrative sanctions:

    (A) without approval, lease, lend the State-owned assets, foreign investment of State-owned assets;

    (B) the low-standard configuration, utilization, and idle state assets for a long time, refusing to accept the financial Department of the people's Government transfers.

    Article 43rd flag people's Governments above the county-level financial departments, the executive authorities of the institution and its staff in the management of State-owned assets in violation of this regulation, the financial illegal activities penalties and regulations and the provisions of other laws and regulations on penalties and, from its provisions.

    The Nineth chapter supplementary articles

    44th civil service management of institutions and social organizations, in accordance with the relevant provisions of the administrative unit of State-owned assets management.

    Community groups and private non-enterprise units possess, use of State-owned assets, in accordance with the measures implemented.

    Managed and implemented financial accounting system of enterprises and institutions, as well as institutions founded a legal personality of enterprises, in accordance with the relevant provisions of the enterprise State-owned assets supervision and administration supervision and management, this approach is not applicable.

    45th article of the way state-owned asset allocation, use, disposal of matters specified limit, formulated by the financial Department of the people's Governments above the county level. 46th article of the rules take effect on July 1, 2011.