Interim Measures On The State-Owned Assets Management In Public Institutions In Haikou City

Original Language Title: 海口市事业单位国有资产管理暂行办法

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(April 2, 2008 Haikou City Government 20th times Executive Conference considered through April 23, 2008 Haikou City Government makes 69th, announced since July 1, 2008 up purposes) first chapter General first article for specification and strengthening this city institutions State-owned assets management, maintenance State-owned assets of security and full, reasonable configuration and effective using state-owned assets, according to institutions State-owned assets management provisional approach and other related of legal, and regulations and regulations of provides, developed this approach.
    Second approach applies to municipal institutions of the State-owned assets management. Article the institution of State-owned assets in these measures refers to institutions to possess, use, legally recognized as State-owned, general term for various economic resources can be in monetary units. Including State assets allocated to institutions, institutions organizations income assets in accordance with the provisions of the State-owned assets, as well as donations and other legally recognized as State-owned assets.
    The form of fixed assets, current assets and intangible assets and investments, and so on. Chapter II administrative institutions and their responsibilities, financial executives, fourth sector (hereinafter referred to as the municipal finance department) is responsible for the integrated management of State-owned assets in public institutions. Its main duties is: (a) according to national about State-owned assets management of provides, developed institutions State-owned assets management of regulations, and organization implementation and supervision check; (ii) research developed institutions assets configuration and related costs standard, organization institutions State-owned assets of property registration, and property defined, and property disputes mediation, and assets assessment regulatory, and assets inventory and statistics report, based management work; (three) is responsible for institutions assets configuration, and disposal and using state-owned assets foreign investment, and rental, and Lending and guarantees, matters of approval; (four) advance institutions State-owned assets achieved market, and socialization, strengthening institutions turned enterprises restructuring work in the State-owned assets of supervision management; (five) is responsible for institutions State-owned assets returns of supervision management; (six) established and perfect institutions State-owned assets management information system, on institutions State-owned assets implemented dynamic management; (seven) research established institutions State-owned assets security, and integrity and using effectiveness of evaluation method, and evaluation standard and evaluation mechanism,
    On the performance of State-owned assets management in public institutions; (VIII) supervise institutions and departments, district-level State-owned assets management in the financial sector. Article fifth institution of authorities (hereinafter referred to as departments) responsible for the departments and institutions of the State-owned assets supervision and administration.
    Its main duties is: (a) according to this level and superior financial sector about State-owned assets management provides, developed this sector institutions State-owned assets management of implementation approach, and organization implementation and supervision check; (ii) Organization this sector institutions State-owned assets of inventory, and Statistics summary and the daily supervision check work; (three) audit this sector belongs institutions using state-owned assets foreign investment, and rental, and lending and guarantees, matters, by provides permission audit or approval about assets acquisition, and disposal matters;
    (Four) is responsible for this sector belongs institutions long-term idle, and low effect running and Super standard configuration assets of transfers work, optimization institutions State-owned assets configuration, promoted institutions State-owned assets shared, and total with; (five) urged this sector belongs institutions by provides paid State-owned assets returns; (six) organization implementation this sector belongs institutions State-owned assets management and using situation of evaluation assessment; (seven) accept city financial sector of supervision, and guide, and to city financial sector report about institutions State-owned assets management work. Sixth public institution responsible for the possession or use of State-owned assets management. Its main duties is: (a) according to institutions State-owned assets management of about provides, developed this units State-owned assets management of specific approach and organization implementation; (ii) is responsible for this units assets acquisition, and acceptance storage, and maintenance custody, daily management, is responsible for this units assets of account card management, and inventory registration, and statistics report and the daily supervision check work; (three) handle this units State-owned assets configuration, and disposal and the foreign investment, and rental, and lending and guarantees matters of approval procedures; (four) is responsible for this units for foreign investment, and rental
    The value of assets, loans and guarantees, in accordance with the provisions in full, timely payment of State-owned assets; (v) this unit is responsible for the efficient use of assets and participate in the sharing of large apparatus, equipment, and other assets, sharing and (f) accept supervision by the authorities and the Municipal Finance Department, inspection and guidance, and to report on the State-owned assets management.
    Article seventh municipal finance department, authorities and institutions shall, in accordance with the regulations, management bodies and persons, institutions of State-owned assets management.
    Chapter III asset allocation and use the eighth institution of State-owned asset allocation should be up to the required standard; does not require configuration standards should be strictly controlled, reasonable configuration.
    Nineth institutions long-term idle, inefficient operation or the standard configuration of the asset, in principle the transfers carried out by the competent authorities, and report to the municipal finance department record; inter-departmental transfers of assets should be reported to the Municipal Finance Department for approval. Tenth Article institutions to city financial sector application with financial sex funds acquisition provides limit above assets, including institutions application with financial sex funds held large conference, and activities need acquisition assets of, according to following program approval: (a) institutions in annual sector budget prepared Qian, audit this units assets stock, proposed Xia a annual intends acquisition assets of heading, and number, measuring funding lines, reported competent sector audit; (ii) competent sector according to institutions assets stock status and about configuration standard, audit, and
    Total assets, the acquisition plan, submitted to the municipal financial Department for approval, and (iii) Municipal Finance Department under the authority of the audit opinion, approval for asset purchase plan; (d) the approval by the Municipal Finance Department, institution asset acquisition projects should be included in the annual budget, and be accompanied by approval documents and related materials, as a basis for approving departmental budgets.
    11th project funding application to the Department or other departments of public institutions, issued by the relevant departments before it should be involved in asset acquisition matters more than the specified limit to the city Finance Department.
    12th institutions to buy into the scope of government procurement of assets, it shall implement the Government procurement.
    13th institution shall establish and improve asset purchase, acceptance, storage and use of the internal management system, asset management. Institutions should regularly inventory the physical assets, account reconciliation, account card, consistent accounts.
    Meanwhile, strengthening the patent rights, trademark rights, land tenure, non-patent technology, the management of intangible assets such as goodwill, preventing the loss of intangible assets. 14th units use State-owned assets in overseas investment, leasing, lending and guarantees, should undertake the necessary feasibility study. Leasing or lending assets should be reported to the competent Department and submitted to the municipal financial Department for the record.
    Used foreign investments of State-owned assets or guarantees should be applied by the competent departments for examination and approval, submitted to the municipal financial Department for approval.
    15th return on foreign investment and the use of State-owned assets in public institutions leasing, lending and revenue guarantees shall be incorporated into the budget, unified accounting and management.
    Fourth chapter assets disposal 16th institution State-owned asset disposal, refers to the transfer of State-owned assets of public institution verification, including sale, transfer, transfer, donation, scrap, loss, as well as a monetary asset write-off of losses. 17th article assets disposal should by institutions assets management sector with financial sector, and technology sector audit identification, proposed views, and by following approval permission submitted approval: (a) disposal value 80,000 yuan following single fixed assets or value 200,000 yuan following bulk assets of, by institutions reported competent sector approval, competent sector should reported city financial sector record; (ii) disposal car, and vessels, and housing buildings, and land,
    And more than 3 million Yuan worth 80,000 yuan following a single asset or worth more than 200,000 yuan 3 million Yuan the following bulk asset, comments submitted to the municipal financial Department for approval by the competent authorities; (c) the disposal value of more than 3 million yuan of assets, the Municipal Finance Department reported to the municipality for approval.
    Article 18th disposal vehicles, boats, houses, land, or the value of assets of more than 50,000 yuan, auction, bids should be taken, and so on.
    19th using Government funds in public institutions in organizing large meetings, events and temporary acquisition of State-owned assets should be meeting, after the event in accordance with the regulations submitted for later use or disposal.
    20th institution State-owned asset disposal income belongs to the State, shall, in accordance with the provisions of government non-tax income management under "two lines of income and expenditure" management. The fifth chapter property rights registration article 21st institutions to settle disputes and property rights shall be filed with the Municipal Finance Department, handling registration, and the Municipal Finance Department issued certificate of the property right registration of State-owned assets in institutions (hereinafter referred to as the registration of property rights).
    Annual checks of the financial departments and institutions of property rights registration system.
    Articles 22nd annual registration, restructuring of public institutions, disposition of assets and the use of State-owned assets in overseas investment, leasing, lending, security and other matters, shall issue a certificate of the registration of property rights. 23rd article institutions should according to following provides for State-owned assets property registration: (a) new established of institutions, handle occupies property registration; (ii) occurred Division, and merged, and part restructuring, and membership relationship, and units and units head, property registration content occurred changes of institutions, handle change property registration; (three) for law revoked or overall restructuring, reasons was liquidation, and cancellation of institutions, handle cancellation property registration.

    24th between institutions and other administrative and an institution of State-owned assets property rights disputes, settled by the parties concerned.
    No settlement can apply for mediation to the municipal or provincial financial departments or order necessary times City Government.
    25th institutions with non-executive, institution or property conflicts between individuals, institutions shall put forward opinions, examination by the competent authority and submitted to the approval of the Municipal Finance Department, consultation with other parties, no agreement, in accordance with the judicial process. Sixth chapter assets assessment and assets inventory 26th article institutions has following case one of of, should delegate has assets assessment qualification of assessment institutions for assessment: (a) overall or part restructuring for enterprise; (ii) to non-currency sex assets foreign investment; (three) assets auction, and transfer, and replacement; (four) overall or part assets rental to non-State-owned units or personal of; (five) made no original price voucher of mutatis mutandis similar products value in 10,000 yuan above of assets; (six) determine lawsuits assets value; (
    Seven) of the other laws, rules and regulations need to be evaluated.
    27th article institutions has following case one of of, can not for assets assessment: (a) by approved institutions overall or part free designated turned; (ii) administrative, and institutions subordinates of institutions Zhijian of merged, and assets designated turned, and replacement and transfer; (three) occurred other not effect state-owned assets interests of special property changes behavior, reported city financial sector approved can not for assets assessment of.
    28th institution approved by the State-owned assets assessment projects and recording system.
    (A) significant asset valuation approved by the municipal government projects as well as disposal of assets valued at more than 3 million Yuan project, submitted to the municipal financial Department for approval.
    (B) the disposal of assets valued at 3 million Yuan the following assessment project, submitted to the municipal financial department. 29th article institutions has following case one of of, should law for assets inventory: (a) according to national special work requirements or this level Government actual work need, was into unified organization assets inventory range of; (ii) for major reform or overall, and part restructuring of; (three) suffered major natural disasters, force majeure caused assets serious loss of; (four) accounting information serious distortion or State-owned assets appeared major loss of; (five) accounting policy occurred major change,
    Involve significant changes in the accounting method, and (vi) other municipal finance Department deems the assets inventory. Seventh chapter the asset information management and reporting on article 30th institutions shall, in accordance with the requirements of State-owned assets management, promptly of any changes in asset information management system, dynamic management of assets of the entity.
    The year-end asset inventories, statistics, and timely statistics report and analysis of text descriptions submitted to the city Finance Department.
    31st of Municipal Finance Department, competent authorities should make full use of assets and asset management information system information report comprehensive, dynamic knowledge institution of State-owned assets to possess, use, establish and improve the asset and budget and effective incentive and restraint mechanisms.
    Eighth chapter legal responsibility 32nd article institutions and staff violation this approach, has following behavior one of of, according to financial violations disposition Ordinance of provides for punishment, and processing, and disposition: (a) to false, and impersonator, means cheat financial of; (ii) unauthorized occupies, and using and disposal State-owned assets of; (three) unauthorized with units assets rental, and lending, and foreign investment or provides guarantees of; (four) not by provides paid State-owned assets returns of.
    33rd departments and their staff in the management of their respective institution configuration, use, disposal of State-owned assets matter, violate the provisions of these measures, pursuant to the provisions of the regulation on the punishment of financial violations committed by penalties, handling and disposition.
    34th of municipal finance departments and their staff in the disposition of assets, management of State-owned assets, or when the allocated funds, in violation of this regulation, pursuant to the provisions of the regulation on the punishment of financial violations committed by penalties, handling and disposition. 35th of municipal finance departments, authorities, institutions and their staff, in violation of these regulations relevant provisions of other acts of State-owned assets management in public institutions, treatment according to the relevant laws, rules and regulations of the State.
    Offence, shall be transferred to judicial organs for handling according to law. Nineth chapter supplementary articles article 36th civil service system management of municipal institutions and social groups of State-owned assets management in accordance with the implementation of the measures for Administration of State-owned assets in Haikou city.
    Municipal other social bodies, public organizations and State-owned assets management in privately-run non-enterprise units, in accordance with the measures implemented.
    37th district people's Government can refer to the implementation of these measures, or in accordance with the measures and provisions relating to state-owned asset management of the Ministry to develop institutions and State-owned asset management system in this area, and submitted to the municipal people's Government for the record.
    38th article of the referred to "above" does not contain this figure, called "the following" are included in this figure.
    39th these measures shall come into force on July 1, 2008.
                                            40th article this way is responsible for the interpretation of the specific application of the municipal finance sector.