Administrative Measures On Administrative Institution State-Owned Assets Management In Heilongjiang Province

Original Language Title: 黑龙江省行政事业单位国有资产经营使用管理办法

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Administrative measures on administrative institution State-owned assets management in Heilongjiang province

    (19th of December 31, 2008, Heilongjiang provincial executive meeting on January 16, 2009, 10th Heilongjiang province people's Government promulgated as of March 1, 2009) first in order to strengthen administrative institution State-owned assets management, the effective use of State-owned assets, improve efficiency, preventing the loss of State assets, according to the relevant regulations, combined with the facts of the province, these measures are formulated.

    Article under the management of the province for use in the operation of State-owned assets in administrative institutions and procedures apply.

    Article III administrative institution State-owned assets in these measures refers to administrative institutions possess, use, legally recognized as State-owned, general term for various economic resources can be in monetary units.

    Administrative units included in these measures at all levels of party and Government organs, people's Congress and CPPCC organs, judicial organs and procuratorial organs and the democratic parties.

    Institutions mentioned in these measures refers to the full financial budget allocations, assistance with financial part of public institutions and non-financial assistance other than managed institutions. Fourth administrative units for use in the operation of State-owned assets are owned by the State.

    Ownership and use of State-owned assets should stick to phase separation, asset management and budget management combined with the management principles.

    In accordance with the relevant provisions of the financial sector require dispensing and disposal of State-owned assets, administrative units may not be used for business use.

    For use in the operation of State-owned assets in administrative institutions, shall not affect the fulfilment of the duties and the normal development of the cause.

    Fifth provincial financial departments are responsible for management of the province's administrative institution State-owned assets supervision and administration; cities (prefectures) and counties (cities, districts) Finance Department is responsible for the management of peer supervision and management of State-owned assets management in administrative enterprises.

    Sixth administrative institutions and authorities in charge of the Department administrative institution State-owned assets supervision and administration, and audit of Department administrative institution State-owned assets investment, leasing, lending and security matters, supervision of State-owned assets management in this sector with income payments.

    Seventh administrative units are responsible for the supervision and management of State-owned assets and business, for use in the operation of State-owned assets special management, and is responsible for the management of State-owned assets of value and income payments, ensure the safety of the unit operates using the State-owned assets and complete.

    Administrative departments shall use in the operation of State-owned assets into the asset management, realizing the combination of asset management and financial management.

    Eighth levels of auditing, inspection, and industrial and commercial administrative departments and management work of the provincial government institutions shall, within their respective areas of responsibility do administrative institution State-owned assets supervision and administration.

    Nineth administrative unit can be fixed asset leasing and lending.

    Institutions can use fixed assets, capital, intangible assets and other State-owned assets management in the following ways:

    (A) to found an enterprise legal person alone of the economic entity or subsidiary business units do not have legal personality of foreign investment;

    (B) investment, joint venture, cooperation, joint ventures, foreign investment;

    (C) the leasing or lending;

    (D) guarantee by law. Tenth administrative institutions intended to use in the operation of State-owned assets should be reported to financial Department for approval, and be accompanied by the relevant information without approval, the State-owned assets shall not be used for business use.

    For complete information, the financial sector should be inadmissible.

    11th administrative unit at the State-owned assets management of application used, shall submit the following information:

    (A) the property right registration of State-owned assets;

    (B) the approval document of the competent authority;

    (C) letters of intent to lease or loan of State-owned assets;

    (D) the financial statements of the previous year;

    (E) existing asset reports;

    (F) the information submitted by the other.

    12th when used in applying for State-owned assets management in public institutions, shall submit the following information:

    (A) the property right registration of State-owned assets;

    (B) the approval document of the competent authority;

    (C) the financial statements of the previous year;

    (D) the existing asset reports;

    (V) the feasibility study report;

    (F) the information submitted by the other.

    External lease or loan of State-owned assets in public institutions, without providing a fifth piece of information in the preceding paragraph.

    Prospective economic entity or subsidiary business units should also be submitted to the legal representative or principal appointment books and articles; use of State-owned assets investment, joint venture, cooperation, joint ventures, leasing, lending and guarantees, shall also submit the letter of intent or signed the contract.

    13th applied for leasing or lending of State-owned assets in administrative institutions, the financial sector should be made within seven working days from the date of acceptance of the decision on whether to approve; not approved, reasons shall be in writing. Article 14th or institution applies for the use of State-owned assets to foreign investment, the financial departments shall, from the date of acceptance of the application within 15 working days to make decision on whether to approve; not approved, reasons shall be in writing.

    Special circumstances need to be extended, and approved by the Department head, you can extend the ten working days.

    15th application for guaranty of State-owned assets in public institutions, the financial sector should be made within seven working days from the date of acceptance of the decision on whether to approve; not approved, reasons shall be in writing.

    Financial Department of the 16th administrative institutions should be leased, lent rent of State-owned assets, reviewing the reasonableness of fees, rents, occupancy costs significantly lower than the market price, shall order the applicant to adjust, or by way of the financial sector through public price for leasing or lending.

    Order adjustment and public bidding time is not calculated within the time limit stipulated in this article 13th.

    Article 17th financial departments at all levels should give full play to the efficiency of State-owned assets, avoiding inefficient State-owned assets operation and idle, on the use of administrative units can be operated without operating state-owned assets, right to transfers and disposal.

    18th article for use in the operation of State-owned assets in administrative institutions shall be evaluated in accordance with the relevant provisions of the State.

    Time to evaluate these measures are not included in the 13th, 14th, 15th, within the time limit provided for in article.

    19th article approved by the Finance Department, the leasing of State-owned assets in administrative institutions, lending, should work with the tenant (lend) signed the lease contract, and within 15 working days since the date of signing of the contract report for filing.

    Article 20th foreign investment of State-owned assets in public institutions shall establish a value assessment of State-owned assets, property rights representatives appointed to recommend evaluation profit distribution, investment financing, such as supervision and management system, ensuring the safety of State-owned assets, the value of State-owned assets.

    21st management of State-owned assets in administrative institutions, should establish secondary accounts in the accounting books of the unit, records management of State-owned assets operating condition.

    22nd administrative institution State-owned asset management income according to the relevant regulations of the State, "two lines of income and expenditure" management, responsible for the collection and monitoring of the financial sector, except as otherwise provided.

    Financial departments collected revenues should be earmarked for fixed asset update and reorganization, heavy equipment and other fixed assets repair and maintenance, newly increased fixed assets and intangible assets acquisition, asset management, funding, and the financial sector set for other purposes.

    Article 23rd administrative institutions shall after the end of each fiscal year, summary of the unit and the administrative units the previous year, the State-owned assets management, State-owned assets management using income to pay arrangements for the use of funds and financial sector management, reporting to the financial sector, and by the financial sector step by step after the Summary submitted to the provincial financial department.

    Foreign investment of State-owned assets in public institutions, report to the financial sector should also be accompanied by investment in economic entities audited financial reports.

    24th administrative institutions and their staff, one of the following circumstances, according to the provisions of the regulations of the financial illegal activities penalties and punishments, processing, disposal:

    (A) unauthorized use in the operation of State-owned assets without authorization;

    (B) fraudulently obtaining approval documents of use in the operation of State-owned assets;

    (C) failing state-owned asset management revenue turned over to the financial sector;

    (D) other circumstances should be given administrative sanctions according to law.

    Administrative institutions and the competent authorities within the regulatory scope of ineffective supervision and management of State-owned assets management activities, resulting in losses of State-owned assets, shall be ordered to correct by the financial sector, give notice of criticism, and heads of the relevant government departments are directly responsible for the personnel and other persons directly responsible shall be given administrative sanctions.

    25th fiscal departments and their staff in administrative institutions in the management of State-owned assets supervision over the use of, any of the following circumstances, by the competent authority or authorities to be warned or criticized, and are directly responsible for the managers and other persons directly responsible shall be given administrative sanctions:

    (A) the use or abuse of duties by usurping the State-owned assets;

    (B) is not in accordance with this regulation for approval;

    (C) inadequate for use in the operation of State-owned assets supervision and administration, resulting in the loss of State assets;

    (D) other circumstances should be given administrative sanctions according to law.

    26th light social groups use in the operation of State-owned assets management for the public service, in accordance with these rules; use in the operation of State-owned assets of other social groups, in accordance with the measures implemented. 27th article this way come into force on March 1, 2009.

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