Advanced Search

Kunming City, Rural Collective Assets Management Approach

Original Language Title: 昆明市农村集体资产管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Rural Collective Assets Management Approach

(Consideration of the 112th ordinary meeting of the Government of the Turkmen Republic of 29 December 2008 for the adoption of Decree No. 87 of 10 January 2009, No. 87 of the Order No. 87 of the Government of the Turkmen Republic of 10 January 2009, effective 1 February 2009)

Chapter I General

Article 1 promotes the development of rural collective economic health, in accordance with laws, regulations, such as the People's Republic of China, the People's Republic of China Agriculture Act, the People's Republic of China Rural Land Contracting Act.

Article II applies to the management of the collective assets of rural areas within the city's administration. The law, legislation and regulations provide for the collective assets of the rural population, with their provisions.

Article III of this approach refers to the organization of independent accounting established by members of the Village (CWA) Commission, Group (community) in all forms of production of information.

Article IV. Governments of municipalities, districts (communes), communes (communes) should strengthen their leadership in the management of collective assets in rural areas, and support the encouragement of rural collective economic organizations to utilize collective resources and to develop their economic empowerment.

Article 5 provides guidance, supervision, coordination and services for the management of collective assets in rural areas within the current administration.

The relevant administrations, such as finance, audit, are in the management of collective assets in rural areas in accordance with their respective responsibilities.

Article 6. Municipal, district (community), communes (communes), rural operators in the street offices are specifically responsible for the management of collective assets in rural areas, with the primary responsibility:

(i) Monitoring the management and use of collective assets in rural areas;

(ii) To guide the establishment and improvement of asset management systems by rural collective economic organizations;

(iii) Acting in the area of financial work operations training and actively promoting the accounting of electricity;

(iv) Organizing the audit of the collective assets of the country;

(v) Mediation of the territorial collective asset disputes.

Article 7. The heads of the rural collective economic organizations, representing the exercise of the functions of the village (communication), group (community), and heads of groups (community) in rural collective economic organizations administered by them, have the primary responsibility for:

(i) Guarantee the added value of collective asset insurance in rural areas and not loss;

(ii) Organizing the development and implementation of a rural collective asset management system;

(iii) Examination of the use and management of the local collective assets of the respective operating units;

(iv) Daily management of collective assets in rural areas.

Chapter II Property rights and business

Article 8

(i) The law provides for all natural resources, such as land, forests, mountainsheds, herths, beaches, and deserts, belonging to the rural collective economic organization;

(ii) All buildings, farmland water facilities, education, culture, health and sports facilities in rural collective economic organizations;

(iii) Transport tools, agricultural machinery, air power equipment, forest wood, livestock and other assets generated by investment by rural collective economic organizations;

(iv) The share of corporate assets in full investment by rural collective economic organizations, as well as the share of assets held in enterprises or in joint ventures, shares of shares and benefits;

(v) Non-reimbursable assistance, financing and donor assets;

(vi) Secured stocks, such as bonds, funded by the Rural Collective Economic Organization;

(vii) All monetary assets, such as cash, deposits, etc., in rural collective economic organizations;

(viii) intangible assets, such as the right to books, patents and trademarks owned by rural collective economic organizations;

(ix) All other assets of the Collective Economic Organization of the Rural Region, in accordance with the law.

No unit and individual expropriation, looting, private separation, interception, misappropriation, damage, man waste or unlawful seizure, seizure, freezing and confiscation of rural collective assets.

Article 9. Collective ownership of the assets of the rural collective asset is unchanged.

Article 10. The right to use of assets that are not suitable for family contractors in rural collective assets may be exploited by law, such as auctions, tenders, leases and shares, and their benefits are collectively owned.

Article 11. Rural collective asset operators enjoy the right to operate and benefit of contractually agreed agreements, to manage, protect collective assets and the right to legitimate use of rural collective assets in accordance with contractual agreements.

Article 12

The text of the contract shall be submitted to the communes (communes) within 30 days of the date of the signing and to the rural operators of the street offices.

The assets assessment shall be carried out when the units and individuals who have held or used the collective assets of the rural area are one of the following conditions:

(i) Assets auctions, concessions, and leases;

(ii) The introduction of joint ventures, equity operations and the restructuring of equity cooperation;

(iii) The expiration of the contract;

(iv) Removal of assets;

(v) Jointly financed or co-operation in business;

(vi) Mortality or security of assets;

(vii) Other circumstances where an asset assessment is required, as prescribed.

Rural collective assets assessment should be carried out by an asset assessment body with statutory qualifications. The results of the assessment should be confirmed by more than two thirds of the members of the Collective Economic Organization or by members on behalf of their representatives, as a basis for the transfer of ownership or the right to use.

Article 14.

Rural collective economic organizations may establish or entrust the agencies concerned with the specific operation of the management of rural collective assets.

Article 15. Rural collective economic organizations have the autonomy to operate independently and their legitimate rights are protected by law.

Article 16 Key property rights of the rural collective economic organization should be available to the communes (communes) within 30 days of the date of acquisition, change and elimination, and the rural business administration in the street offices.

The rural management authorities in the municipalities have identified and published important property value standards by 1 March each year, while reporting to municipal rural operators.

Article 17 is disputed by the right to collective assets of the rural area, which is resolved in consultation with the parties, may apply for mediation to the communes (communes), the rural operators of the street offices, and disputes across the executive area, mediation by the top-level rural operators.

The law, legislation and regulations provide otherwise, from their provisions.

Chapter III Assets management

Article 18 governs democratic management of the collective assets of the rural population, which is not less than twice a year and is monitored by members of the rural collective economic organization.

Article 19 The primary responsibility is:

(i) Participation in the development of financial plans and financial management systems;

(ii) Participation in decision-making on major financial matters;

(iii) Monitoring the implementation of the rural collective asset management system;

(iv) Examine the implementation of the financial system;

(v) Hearing and reflecting the views and recommendations of members of the Rural Collective Economic Organization on financial work;

(vi) To investigate violations of the financial system and volatile collective assets, as well as to reflect them in a timely manner to the communes (communes), rural operators in the street offices.

The following matters shall be adopted by a member of the Rural Collective Economic Organization or by a member representing more than two thirds of its members and shall be published:

(i) Annual financial budget and accounts for rural collective assets;

(ii) Identify and make significant changes in the way of operating collective assets in rural areas;

(iii) Major investment projects;

(iv) Remuneration, management costs for the management of the rural collective economic organization;

(v) Disposal of fixed assets and cancellation of claims that cannot be achieved;

(vi) Annual income distribution programme;

(vii) Business of collective assets in rural areas, such as contracting, lease;

(viii) Rural collective asset management systems;

(ix) Main rural collective asset disposal and other major matters.

The year-end benefit allocation programme should be backed by the Rural Collective Economic Organization (CEP) in the post-review of 30 days, and the Rural Business Management Authority in the Street Office.

Article 21, the rural collective economic organization should establish a rural collective asset management system and bank accounts, which is consistent with the timely registration of changes.

The financial management system should include the financial public system, the asset desk management system, the treasury archives management system, the financial expenditure approval system, the property management system, the outgoing audit system, and the “first” fund-raising management system.

Article 22 accountants of the rural collective economic organization should be eligible for accounting, in compliance with laws, regulations and financial discipline, accounting for accounting under the accounting system, using the required accounting books, statements, vouchers, etc. and kept in the financial archives in accordance with the provisions.

The accounting staff of the rural collective economy should be stable. In the event of departure of the accounting staff, the processing of the process is governed by the provisions and the referral of the communes (communes), the Rural Business Administration in the Street Office.

The rural collective economic organization or the direct family of the main heads of the rural collective economic organization (habiting), group (community) shall not serve as accounting agents for this sector's collective economy.

Chapter IV Audit oversight

Article 24 communes (communes), rural operators in the street offices should organize regular audits of their collective assets in rural areas and receive guidance from the top-level authorities and the audit department.

The audit of collective assets in rural areas can be commissioned by a qualified audit body.

Article 25

(i) Identification and management of assets;

(ii) Finance and related economic activities and their economic benefits;

(iii) Distribution of proceeds (profits);

(iv) Budget, extraction and use of special-purpose funds for rural areas, such as contractors;

(v) Funding for collective public goods in rural areas;

(vi) The goal of the term of office of heads of the rural collective economic organization and the responsibility of the latter;

(vii) The management of rural collective funds administered by rural operators in the town, street offices;

(viii) Other audit matters commissioned by the local people's Government, the national audit department and the superior business authorities.

Article 26 Rural operators should, at the request of the same-level people's governments and the top-level business authorities, identify the focus of the audit, prepare the audit project plan and programme of work and implement the audit in accordance with the audit matter.

After communes (communes), the Rural Business Administration of the Street Office identified audit matters, it should be communicated to the audit cell by three days in advance.

The audit should be submitted after the end of the audit. The audit team shall seek the advice of the auditor before submitting the audit reports to the top-level rural management body. The auditor shall submit written observations within 10 days of receipt of the audit report. The late submission of written observations was considered unconceptual.

Rural business administrations should validate audit reports, evaluate audit matters and make an audit opinion; make audit findings on violations of State-mandated economic behaviour and make recommendations for processing.

Article 28 should be sent to the audit opinion, audit findings to the audit unit and related units within 10 days of receipt of the audit report.

The findings of the audit of major audit matters should be presented in a timely manner to the same-level people's governments and to the top-level rural management body.

The audit findings and decisions of the auditor may apply for review to the top-level rural operators within 15 days of the receipt of the audit findings. The above-level rural business administration should make review conclusions and decisions within 30 days of receipt of review requests. In exceptional cases, the period of review conclusions and decisions, which are approved by the current agricultural administration, may be extended appropriately. However, the findings and decisions of the original audit were not discontinued during the review period.

The rural management authorities in the urban, district (commune) area should conduct inspections of audit findings and implementation.

Article 29, the Audit Group and its auditors shall exercise their audit duties independently of the law, and the auditor shall be avoided in relation to the interest of the auditor or the audit matter.

Chapter V Legal responsibility

Article 31, in violation of article 8, paragraph 2, of this approach, stipulates that private, interdiction, misappropriation and appropriation of collective assets, are reimbursed by the agricultural administration, cannot be returned, compensated for the price, and that the amount of compensation should be reimbursed or doubled to three times the amount of compensation, with a maximum fine not exceeding 1 million dollars, constituting an offence and criminal liability under the law.

In violation of this approach, one of the following acts was warned by the rural administration in the district (market) area:

(i) The acquisition, modification and elimination of the outstanding case;

(ii) No contract;

(iii) The year-end benefit allocation programme is not available;

(iv) The outgoing of the accounting staff.

Article 32 is one of the following acts by the Rural Collective Economic Organization or by individuals, which is criminally criminalized by law by the authorities of the rural administration in the district (communes).

(i) A refusal to provide, conceal or destroy books, vouchers, statements, information and material;

(ii) Arrogance and concealment of facts;

(iii) Not prescriptive;

(iv) No assessment in accordance with the provisions;

(v) To reject the implementation of audit decisions;

(vi) Other violations.

Article 33, State organs, such as the financial, audit, supervision and management of collective assets in rural areas, the agents of the cause, abuse of their functions, provocative fraud, negligence, etc., are governed by the law by the unit or the superior sector, and criminal responsibility is vested in the law.

Annex VI

Article 34 (c) can be developed in the light of this approach in practice.

Article 55 of this approach is implemented effective 1 February 2009.