Interim Measures For The Enterprise State-Owned Assets Supervision And Administration Of Sichuan Province

Original Language Title: 四川省企业国有资产监督管理暂行办法

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(November 6, 2007 Executive session of the Sichuan provincial people's Government, the 133th on November 20, 2007, Sichuan provincial people's Government promulgated as of December 20, 2007, No. 220) Chapter I General provisions article in order to meet the needs of the Socialist market economy State-run assets management system, effective implementation of the enterprise State-owned assets supervision and administration, development and expansion of State-owned economy, State-owned asset increment, in accordance with the People's Republic of China company law, the
    Interim regulations on State-owned assets supervision and administration and other relevant laws and regulations, in Sichuan province, these measures are formulated.
    Article the province's State-owned and State-controlled, State-owned shares in the State-owned assets supervision and management, these measures shall apply.
    Article Enterprise State-owned assets in these measures refers to national enterprises of various forms of investment and the formation of investment interest and all other legally recognized as national interests. Article fourth Enterprise State-owned assets are owned by the State.
    State-owned assets of enterprises in our province by the provincial people's Government and the city divided into districts (State) Government on behalf of the State to fulfil the responsibilities of investor and enjoying owner's equity and unification of rights, obligations and liabilities, it tube combination of assets and management, personnel management system of State-owned assets supervision. Article fifth provincial people's Government on behalf of the State of the province's important industries and key areas of State-owned and State-owned and State-owned enterprises, and fulfil the responsibilities of investor.
    Provincial people's Government to fulfil the responsibilities of investor companies, determined by the provincial people's Government, published and reported to the State-owned assets supervision and Administration Department for record. The city divided into districts (State) Government on behalf of the State of the city (State) within the exception of the State Council and the provincial people's Government to fulfil the responsibilities of investor of State-owned and State-owned and State-owned enterprises, and fulfil the responsibilities of investor.
    Districts of cities (States) shall discharge the responsibilities of the investor company, city divided into districts (States) shall identify, publish, and reported to the provincial State-owned assets supervision and Administration Department for record.
    Provincial and city divided into districts (States) shall discharge the responsibilities of the investor company, hereinafter referred to as the enterprises funded by the.
    County-level people's Government, city divided into districts (State) Government commissioned the enterprise State-owned assets within their respective administrative regions to fulfil the responsibilities of investor. Sixth people's Governments of provinces and districts of the city (State) Government set up the State-owned assets supervision and administration.
    State-owned assets supervision and administration institution under the authority of the people's Governments at the corresponding level shall perform the investor's duties, the enterprise State-owned assets supervision and administration in accordance with law.
    People's Governments at the county level city divided into districts (State) Government under the guidance of State-owned assets supervision and administration, determine the relevant departments in accordance with the performance of the enterprise State-owned assets supervision and administration functions as provided herein.
    Article people's Governments at all levels should strictly implement laws and regulations on State-owned assets supervision and administration, public functions of the Government and State-owned assets to separate the functions of the investors, insisted on separating, the implementation of separation of ownership and management.
    State-owned assets supervision and Administration does not exercise public management function of the Government, other government departments, agencies not fulfilling responsibilities of investor of State-owned assets.
    Eighth chapter of State-owned assets supervision and administration of provinces districts cities (States) of State-owned assets regulatory authority is to represent the level of Government in fulfilling the responsibilities of investor, is responsible for the supervision and management of State-owned assets of enterprises directly under the ad hoc bodies.
    Superior law to subordinate State-owned assets supervision and administration of State-owned assets supervision and administration guidance and supervision.
    Nineth article State-owned assets supervision management institutions of main terms is: (a) in accordance with People's Republic of China company law, legal, and regulations, on by funded enterprise perform funded people duties, maintenance owner interests; (ii) Guide advance State-owned and the State-owned holding enterprise of reform and restructuring; (three) in accordance with about provides to by funded enterprise sent Board of supervisors or prison thing; (four) according to about legal, and regulations, in accordance with statutory program on by funded enterprise of enterprise head for delegate, and assessment, and according to assessment results for rewards and punishments;
    (Five) established sound State-owned enterprise business performance assessment system, perfect enterprise head incentive and constraints system; (six) established and perfect by funded enterprise State-owned assets hedge value-added index system, through statistics, and audit, way on by funded enterprise State-owned assets of hedge value-added situation for regulatory; (seven) law on by funded enterprise of major matters for approval or record; (eight) according to national about provides, prepared and implementation State-owned capital business budget, organization prison paid by funded enterprise of State-owned capital business budget income;
    (IX) to guide the work of State-owned enterprise's law consultant, (10) the supervision and management of State-owned property right trading and (11) to guide reform of income distribution system in State-owned enterprises, which regulates overall level of salary distribution in State-owned enterprises and (12) of contribution person's other responsibilities and undertake other matters assigned by the people's Governments at the corresponding level. Tenth Article State-owned assets supervision management institutions of main duties is: (a) advance State-owned assets reasonable flow and optimization configuration, promoted State-owned economic layout and structure of adjustment; (ii) keep and improve relationship economy lifeline and national security field State-owned economic of control force and competitiveness, improve State-owned economic of overall quality; (three) advance Enterprise State-owned assets supervision management reform, achieved Enterprise State-owned assets supervision management system innovation, exploration meet actual of enterprise State-owned assets business system and way, Strengthening Enterprise State-owned assets supervision management work, promote enterprise State-owned assets hedge value-added, prevent State-owned assets loss; (four) Guide and promote State-owned and the State-owned holding enterprise established modern enterprise system, perfect corporate governance structure, promote management innovation, advance management modern; (five) respect, and maintenance by funded enterprise of business autonomy, law maintenance enterprise of lawful rights and interests of, promote begging industry law business management, enhanced enterprise competitiveness; (six) Guide and coordination solution State-owned and the State-owned holding enterprise reform, and
    In the development of the difficulties and problems, and (VII) investigation on main problems existing in State-owned assets supervision and administration of enterprises, improvement programmes and measures.
    11th state-owned assets supervision and administration bodies shall report to the the people's Governments at the corresponding level in accordance with the provisions of the enterprise State-owned assets supervision and administration, preservation and appreciation of State-owned assets, and other major issues.
    Management 12th chapter of business leaders of State-owned assets supervision and Administration Department shall establish a sound modern enterprise system of business leaders selection and appointment system and incentive mechanism, implementation of internal competition, public hiring and other elected method. 13th article State-owned assets supervision management institutions in accordance with about provides, delegate or recommends delegate by funded enterprise of head: (a) delegate State-owned owned enterprise of General Manager, and Vice President Manager and other senior management personnel; (ii) delegate State-owned owned company of Director (workers Director except), and prison thing (workers prison thing except), specified Chairman, and Deputy Chairman, and Board of supervisors President, and to Board proposed General Manager, and Deputy General Manager, and Chief Accountant and other senior management personnel candidates of recommends; (three) in accordance with company articles,
    Proposed delegated to the State-owned holding company directors (except for workers), supervisors (except for supervisors of employees) candidates, recommended the State-owned holding company Chairman, Vice Chairman and Chairman of the Supervisory Board, presented to the Board of Directors and the General Manager, Deputy General Manager and other senior management personnel of delegates recommended; (iv) in accordance with the articles of incorporation and proposed candidates for directors, supervisors assigned by the State-owned joint stock company.
    Article 14th head of State-owned assets supervision and Administration Department shall establish a sound enterprise performance evaluation system, its delegation of business leaders to sign performance responsibility, implementation of the responsibility system of assets management, and management responsibility in the enterprise responsible for the annual assessment of performance and tenure evaluation.
    Audit institutions shall, in accordance with relevant regulations of the State and the province, economic responsibility audit of enterprises according to law.
    15th state-owned assets supervision and administration in accordance with the relevant provisions of the State head of the State-owned enterprise income distribution policy, determine the remuneration of Heads of enterprises funded by; according to the results of performance evaluation, decides to reward the business leaders.
    16th State-owned assets supervision and administration bodies according to national procedures, methods, business leaders during his tenure of its State-owned and State-controlled enterprises ' assets, liabilities, rights and loss of authenticity and legitimacy, the major business decisions and implementation of the relevant laws and regulations of the State supervision and inspection.
    Fourth chapter Enterprise major matters management 17th article by funded enterprise of following major matters should reported State-owned assets supervision management institutions audit approved or by State-owned assets supervision management institutions decided: (a) State-owned owned company of articles; (ii) State-owned owned company (Enterprise) of restructuring, and joint-stock transformation programme; (three) State-owned owned company (Enterprise) Division, and merged, and bankruptcy, and dissolved, and increases or decreases capital, and issued company bonds; (four) State-owned owned company (Enterprise) of development planning;
    (Five) State-owned owned company (Enterprise) non-main of major investment project, and high risk investment project and outside investment project; major financing plans; (six) State-owned owned company (Enterprise) and natural people, and corporate or other organization for over State-owned assets supervision management institutions provides limit of assets managed, and contracting, and rental, and sale or replacement activities, major assets disposal activities; (seven) State-owned owned company (Enterprise) profit distribution programme, and head annual pay distribution programme and medium-and long-term incentive programme;
    (Eight) State-owned and the State-owned holding enterprise of payroll and enterprise implementation workers housing subsidies, and housing Provident Fund, and Enterprise annuity, income distribution aspects of major matters; (nine) by funded enterprise State-owned property (containing equity) transfer; (10) in increased funding spread unit in the all or part gave up state-owned unit recognize equity; (11) in listed company rights issue in the all or part gave up state-owned unit rights issue right or used SEO stock, and directed absorb other non-State-owned capital investment shares, way, led to state-owned unit proportion declined;
    (12) other important matters stipulated by the people's Governments at the corresponding level. Of the enterprises funded by the following major issues of State-owned assets supervision and administration institution after approval of the the people's Governments at the corresponding level: 1. major investment projects;

    2. the transfer of all or part of State-owned shares that the State no longer has a stake in, 3. included in this level shall determine a list of approved an important State-owned companies, State-owned enterprises on the Division, merger, bankruptcy or dissolution.
    Article 18th-funded enterprises invested enterprises, enterprises funded by the approval and establishment of the State-owned assets supervision and administration for the record which established important enterprise, funded by the enterprise State-owned assets supervision and Administration Department for approval.
    The enterprises funded by the corporate management level of 3 storeys, size extra large, or there are other special circumstances, approved by the State-owned assets supervision and administration, corporate management level can be relaxed.
    Article 19th-funded enterprise investment in the establishment of special major matters, funded by major issues of enterprise investment in important enterprises, required by the enterprises funded by the State-owned assets supervision and administration bodies for approval, specific measures for the management of State-owned assets supervision and administration in accordance with the relevant provisions of the State separately.
    20th State-owned companies (enterprises) the following matters shall be filed prior to the State-owned assets supervision and administration: (a) the annual investment plan, (ii) provide single amount exceeding the limits of State-owned assets supervision and administration bodies, as well as providing non-peer issues; (c) significant changes in accounting policies. 21st article State-owned owned company (Enterprise) of following major matters should timely to state-owned assets supervision management institutions written report: (a) occurred production security accident, and major quality accident caused enterprise personnel casualties and major property loss; (ii) Enterprise major legal disputes case; (three) products was foreign or area included anti-dumping survey directory; (four) Enterprise head for was take limit liberty of forced measures or health, reasons cannot perform duties; (five) Enterprise regularly of production business status, and
    Financial results and the preservation and appreciation of State-owned assets; (vi) other important matters stipulated by the people's Governments at the corresponding level.
    22nd State-owned asset supervision and Administration Department shall, in accordance with the People's Republic of China company law provisions, of the enterprises funded by the State-owned holding company, State-owned joint stock company sent representatives of the shareholders, directors, shareholders, Board of Directors of the company.
    State-owned holding company, and State-owned shares company of shareholders will, and Board decided company Division, and merged, and bankruptcy, and dissolved, and increases or decreases capital, and issued company bonds, and enterprise development planning, and major voted financing plans, and delegate Enterprise head, major matters Shi, State-owned assets supervision management institutions sent of shareholders representative, and Director, should prior to state-owned assets supervision management institutions report, and according to state-owned assets supervision management institutions of indicates published views, and exercise voting.
    Representatives of shareholders, directors should shareholders, Board of Directors related to its duties in a timely manner after the sessions submitted a written report to the State-owned assets supervision and administration, the report shall be accompanied by shareholders, directors signed the meeting minutes.
    23rd is responsible for directing the State-owned assets supervision and administration of State-owned and State-holding enterprises to establish modern enterprise system, in accordance with the relevant provisions of the State-funded enterprises guidance on the reform of the income distribution system, manipulating the enterprises funded by the overall level of wages and income distribution in State-owned enterprise supervision and inspection.
    State-owned assets supervision and administration in accordance with the relevant provisions of article 24th, organize and coordinate State-owned companies (enterprises) of merger and bankruptcy, and cooperating with authorities to get laid off workers placement and so on. 25th State-owned assets supervision and administration of direct supervision of assets large and perfect corporate governance structure, internal management systems, better management of the State-owned company's Board of Directors authorized the exercise part of the investor responsibility, the implementation of State-owned assets authorization management. Authorized enterprises shall be subject to supervision and management of State-owned assets supervision and administration according to law, its wholly-owned, holding or share according to management, management of State-owned assets in enterprises, and State-owned asset increment responsibilities.
    Specific management measures shall be formulated separately by the State-owned assets supervision and administration. State-owned assets supervision and administration bodies can be competent to perform the responsibilities of investor capacity of other departments, units of mandatory management, entrusted with the unit shall be subject to supervision and management of State-owned assets supervision and administration according to law, in the terms of reference of State-owned assets management according to law, and increment of State-owned assets responsibility.
    Specific management measures shall be formulated separately by the State-owned assets supervision and administration.
    Fifth chapter 26th Enterprise State-owned assets management of State-owned assets supervision and administration in accordance with national and relevant regulations of the province responsible for the supervision of State-owned assets property rights defining, property rights registration, asset valuation regulation, loss of assets, asset auditing and statistics, evaluation, identification, asset management. Between the enterprises funded by the State-owned assets property rights disputes, can be resolved through consultation.
    Through consultation, coordination may apply for State-owned assets supervision and administration.
    27th State-owned and State-holding enterprises merger, Division, dissolution, bankruptcy, foreign investment, ownership changes, property rights transfers involve State-owned's Equity Act, shall, in accordance with relevant State regulations, hire a qualified intermediary to undertake asset evaluation, auditing, legal advice and other services.
    State-owned assets supervision and management is responsible for developing the Agency selection approach.
    28th financial departments, State-owned assets supervision and administration shall be in strict accordance with the relevant provisions of national capital management budget, according to their respective duties, implementation of the State-owned capital management budget preparation, execution and supervision of State-owned capital operation budget revenue and payment.
    Article 29th should improve the State-owned assets supervision and administration of State-owned property right market-oriented operating mechanism, establishment of enterprise property right transaction of State-owned assets supervision and management system, strengthen the supervision of property right transactions, maintain the rational flow of State-owned assets, protection of State-owned property right transfer of fair, just and open, preventing the loss of State-owned assets.
    Enterprise property right transaction of State-owned assets should be established by law in the province, the State-owned assets supervision and administration of property right trading institutions open to the public.
    30th State-owned assets supervision and Administration Department shall, in accordance with the State industrial policies and local economic and social development plan, and supervise the enterprises funded by the major investment and financing plans, development plans, investments and investment total of the business for supervision and management of enterprise's investment evaluation, if necessary.
    Sixth chapter article 31st Enterprise State-owned assets supervision of State-owned assets supervision and administration in accordance with the People's Republic of China law, interim regulations on State-owned enterprises and other provisions relating to state-owned companies (enterprises) supervisory (except employee supervisor) in accordance with the People's Republic of China and other relevant provisions of the company law and the articles of incorporation, and sent supervisors to the State-owned and State-owned enterprises (employee supervisor).
    Board of supervisors and supervisors in accordance with the People's Republic of China law, interim regulations on State-owned enterprises and other legal duties.
    Article 32nd companies accredited to the Board of supervisors should support and cooperate with the work of the Board of supervisors, and accept the supervision of the Supervisory Board.
    Corporate strategic planning, major investment and financing, transfer of property rights (subject), major acquisitions, profit sharing and other matters of significance should be reported to the Supervisory Board in a timely manner, and to periodically submit financial and accounting information and relevant management information.
    Accredited Enterprises Board and of the Supervisory Board of enterprise reform and development, financial budget and final accounts, important changes in property rights, important personnel changes and other important meetings, supervisory board members should be invited to attend.
    Article 33rd law of State-owned assets supervision and administration of enterprises funded by the financial supervision, financial budget and final accounts management, dynamic monitoring of financial work, establish and improve the value of State-owned assets system and safeguard the interests of investors of State-owned assets.
    State-owned and State-holding enterprises shall, in accordance with article 34th country province and relevant provisions, establish and improve the internal system of accounting, audit and supervision of employees, and strengthen internal supervision and risk control, and accept supervision by the audit authority as to the implementation.
    35th State-owned and State-holding enterprises should be established in accordance with the relevant provisions of the State enterprise's law consultant system, large State-owned and State-holding enterprises shall, in accordance with relevant regulations of the State establishing enterprise's general law consultant system.
    Corporate counsel of enterprises should be the legitimate rights and interests, enterprise damage investor legal rights violations, corrections.
    Seventh chapter legal responsibility 36th article State-owned assets supervision management institutions and staff has following case one of of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions; constitute crime of, law held criminal: (a) illegal intervention by funded enterprise production business activities, violations by funded enterprise of lawful rights and interests of, caused Enterprise State-owned assets loss or other serious consequences of; (ii) not by provides delegate or recommends delegate by funded enterprise of enterprise head of;
    (C) is not within the time stipulated in the approval for the enterprises funded by the major issues reported and cause serious consequences.
    37th sent State-owned assets supervision and administration of shareholder representatives, directors are not in accordance with Agency instructions to express their views, the exercise of the right to vote, or not to report on major issues related to their duties, be warned; caused significant damage or other serious consequences, shall be removed from Office, and shall be subject to economic responsibility constitutes a crime, criminal responsibility shall be investigated according to law.
    Article 38th of the enterprises funded by the following circumstances, the direct responsible person in charge and other direct liable persons shall be warned; cause significant damage or other serious consequences, shall be removed from Office, and shall be subject to economic responsibility constitutes a crime, criminal responsibility shall be investigated according to law. (A) violation 17th article, and 18th article, and 19th article, on major matters should reported State-owned assets supervision management institutions approved and not reported audit approved of; (ii) violation 18th article, and 20th article, and 21st article, on major matters should to state-owned assets regulatory institutions record or report and not record or report of; (three) not by provides to state-owned assets supervision management institutions and sent Board of supervisors report financial status, and business status and State-owned assets hedge value-added status of;

    (Four) on State-owned assets regulatory institutions presence enterprise of Board of supervisors or full-time prison thing shoe vocational activities not tie, refused to provides necessary of; (five) with State-owned property trading other, and for trading provides service of intermediary institutions malicious collusion, and fraud, caused State-owned assets loss of, and not in provides of property trading institutions for State-owned property trading of; (six) violation national legal regulations and this approach provides, caused Enterprise State-owned assets loss of other case.
    39th shall establish and improve the State-owned assets supervision and administration of State-owned and State-holding enterprises major mistakes in decision-making and organize the implementation of the accountability system.
    Head of State-owned and State-holding enterprises abuse their powers, neglect their duties, cause significant damage or other serious consequences, be removed from Office or dismissed in accordance with law and shall be subject to economic responsibility constitutes a crime, criminal responsibility shall be investigated according to law.
    40th on the loss of State-owned assets in enterprises responsible were dismissed over administrative punishment of State-owned and State-holding enterprises, 5 years shall not hold any heads of State-owned and State-holding enterprises causing major losses of State-owned assets, or is sentenced, life may not be the head of the State-owned and State-holding enterprises.
    Eighth chapter supplementary articles article 41st managed institutions of State-owned assets as well as other State assets stipulated by the people's Governments at the corresponding level authorized by the people's Governments above the county level shall supervise and management departments in accordance with the measures.
    42nd State-owned and State-holding companies, State-owned shareholding enterprises organizational structure, organizational forms, such as rights and obligations, in accordance with the People's Republic of China company law and other relevant provisions of the laws and regulations and these rules.
                    43rd these measures shall come into force on December 20, 2007.