Interim Measures For The Enterprise State-Owned Assets Supervision And Administration Of Nanning City

Original Language Title: 南宁市企业国有资产监督管理暂行办法

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(November 26, 2007, Nanning city, the people's Government of 31st Executive session on January 5, 2008, Nanning municipal people's Government promulgated as of March 1, 2008, 10th) Chapter I General provisions article to promote the city's State-owned economy distribution and structure of reasonable adjustment in State-owned asset increment, in accordance with the interim regulations on State-owned assets supervision and administration and the Guangxi Zhuang Autonomous Region, the implementation of measures such as the interim regulations on State-owned assets supervision and administration rules and regulations,
    Combined with the city's actual, these measures are formulated.
    The second municipal people's Government to fulfil the responsibilities of investor-owned and State-holding companies, State-owned enterprises (hereinafter referred to as funded enterprise) in the supervision and management of State-owned assets, these measures shall apply.
    Funded enterprise established by the municipal people's Government and made public.
    Third, representing the Municipal Government to state-owned assets supervision and administration responsibilities of investor, enjoying owner's equity; the enterprise State-owned assets supervision and administration according to law, and the County and district people's Government guidance and supervision of State-owned assets supervision and administration.
    Municipal State-owned assets supervision and administration bodies exercising the Government's public management functions, other agencies, government departments do not fulfill corporate responsibilities of investor of State-owned assets.
    State-owned assets management pipeline assets and the combination of management, personnel and institutions.
    Chapter II, fourth of municipal State-owned assets supervision and administration of State-owned assets supervision and management should support the funding of independent operation, in addition to fulfilling the responsibilities of investor and shall exercise supervision and management of State-owned assets, cannot interfere in enterprise's production and management activities.
    Fifth of municipal State-owned assets supervision and management should develop and implement reasonable State-owned assets flow and optimized allocation of State-owned economic development plans and programmes.
    Sixth, take charge of the enterprises funded by the State-owned assets supervision and administration of State-owned assets property rights, property rights trading, and asset valuation regulation, asset and capital verification, statistics, performance evaluation, management of assets.
    Seventh of municipal State-owned assets supervision and administration in accordance with the relevant provisions, establish and improve the business assessment index evaluation system of State-owned assets, enterprises funded by the State-owned assets management, financial efficiency, solvency and ability to develop quantitative and qualitative analysis, make accurate evaluations.
    Eighth Enterprise State-owned assets transfer should be carried out in qualified property right trading place open, strict compliance with the relevant procedures.
    Nineth of municipal State-owned assets supervision and Administration Department shall, in accordance with the relevant provisions on the definition and registration of property rights of State-owned assets of enterprises, establish and improve the system of property registration records and analyses on a regular basis, and report to the municipal State-owned assets property rights.
    The tenth city is responsible for supervision of the enterprises funded by the State-owned assets supervision and administration of State-owned assets to pay.
    Collection of State-owned assets into municipal people's Government, the State-owned capital operation budget, mainly for the development of State-owned economy, including State-owned assets and investments, adjusting the industrial structure, additional capital of State-owned enterprises, joint-stock companies of State-owned shares ' equity financing, resolve necessary expenditure, reform of State-owned enterprises, and other necessary expenses of Municipal Government to determine.
    11th in the enterprises funded by the enterprise on the basis of State-owned capital operation budget, State-owned assets supervision and administration in accordance with the requirements of optimizing the layout of the State economy, proposed investment budget proposals submitted to the municipal people's Government for approval organization.
    12th municipal State-owned assets supervision and administration of enterprises funded by direct State-owned assets supervision and authorization control in two ways.
    Assets in the enterprises funded by the larger, corporate governance structure and internal management systems, better management of State-owned companies and State-owned enterprises can implement authorization management, financed by enterprises to other enterprises in direct regulation. Management should be authorized to run by the municipal State-owned assets supervision and Administration signed a power of Attorney, specifically authorized the scope, duration, their rights and obligations, and so on.
    Authorized enterprise to its holdings, equity participation, formation of State investment in wholly-owned subsidiary of State-owned assets law operation, management and supervision.
    Enterprises funded by the General provisions of chapter III of the enterprises funded by the 13th article shall be subject to supervision and management of State-owned assets supervision and administration according to law, shall be without prejudice to the legitimate rights and interests of the investors; should work to improve economic efficiency, responsible for the operation and management of State-owned assets of the value of responsibility.
    The enterprises funded by the investment management and investment decision-making procedures should be established and strictly control investment risks. 14th article by funded enterprise transfer Enterprise State-owned property Shi, should comply with following provides: (a) was authorized business management of State-owned owned enterprise, and State-owned owned company transfer of assessment value in 1 million Yuan Yuan following (containing 1 million yuan) of enterprise State-owned property, and not effect national of holding status of, was authorized of units can independent decided, and in transfer Hou 15th within reported City State-owned assets supervision management institutions record; (ii) was authorized business management of State-owned owned enterprise, and
    State-owned owned company intends transfer assessment value in 1 million Yuan above of enterprise State-owned property, and the not was authorized business management of by funded enterprise transfer Enterprise State-owned property, but not effect national holding status of, should reported City State-owned assets supervision management institutions approved; (three) by funded enterprise transfer enterprise all property or transfer part State-owned property led national no longer has holding status of, should sent City State-owned assets supervision management institutions audit Hou reported City Government approved.
    Municipal Government can be adjusted according to actual situation the amount prescribed in the preceding paragraph.
    15th of the enterprises funded by the requested offset it against the owners ' equity of State-owned assets loss scrapped the project, should be reported to the State-owned assets supervision and administration institution for approval.
    16th business name, domicile or legal representative changes, changes should be approved in the Administrative Department for industry and commerce in the 30th after registration, to apply for registration of change of State-owned assets supervision and administration.
    17th article by funded enterprise occurred following case one of of, should since enterprise funded people or about sector approved, and Enterprise shareholders Assembly or Board made decided of day up 30th within, to business administration sector application change registration Qian, to City State-owned assets supervision management institutions bid changes property registration: (a) enterprise organization occurred changes of; (ii) Enterprise State-owned capital amount occurred increases or decreases changes of; (three) Enterprise State-owned capital funded who occurred changes of;
    (D) other circumstances as stipulated by the municipal State-owned assets supervision and Administration Department.
    18th case of disputes over property rights of State-owned assets in enterprises, should be resolved through consultation, negotiation and coordination may apply for State-owned assets supervision and administration. 19th article City State-owned assets supervision management institutions in accordance with about provides appointment or recommends appointment by funded enterprise of head: (a) appointment State-owned owned enterprise of General Manager (Director), and Deputy General Manager (Deputy Director), and Chief Accountant, and total Economist, and Chief Engineer and the other enterprise head; (ii) appointment State-owned owned company of Chairman, and Deputy Chairman, and Director, and Board of supervisors President (prison thing long), and to its proposed General Manager, and Deputy General Manager, and Chief Accountant, and total Economist, and
    Chief Engineer and the other enterprise head of appointment recommends; (three) in accordance with company articles, to state-owned holding company proposed sent of Director, and prison thing candidates, recommended Chairman, and Deputy Chairman and Board of supervisors President (prison thing long) candidates, and to its proposed General Manager, and Deputy General Manager, and Chief Accountant, and total Economist, and Chief Engineer and the other enterprise head candidates of recommends; (four) in accordance with company articles, to state-owned shares company proposed sent of Director, and prison thing candidates. 20th the enterprises funded by the head of the performance evaluation system.
    Municipal State-owned assets supervision and administration with the appointment of Heads of enterprises signed a performance guarantee, annual and term of responsibility to heads of enterprises based on performance appraisal, assessment results as the main basis of rewards and punishments and appointment of Heads of enterprises.
    On the performance evaluation of enterprise officials should focus on the following: (a) the total annual profits and return on equity; (b) the term appreciation rates and average revenue growth rate of State-owned assets, and (iii) enterprise development.
    Article 21st-funded enterprise shall, in accordance with the regulations in full and in a timely manner to hand over State-owned assets to state-owned capital gains special financial account.
    22nd of municipal State-owned assets supervision and administration in accordance with relevant regulations of the State and the level of national economic development and socio-economic development of the city, combining with the funded enterprise performance and wage guidelines of the city by the municipal State-owned assets supervision and administration guidance in preparation of the enterprises funded by the wage income distribution, reasonable regulation of the enterprises funded by the heads and workers of the year. Fourth chapter on by funded enterprise major matters of regulatory 23rd article State-owned owned company, and State-owned owned enterprise and State-owned holding company, and State-owned holding Enterprise for fixed assets investment, and property acquisition, and long-term equity investment, major investment, should meet following requirements: (a) meet national development planning and industry policy; (ii) meet enterprise development strategy and planning; (three) highlight main, conducive to improve enterprise core competition capacity; (four) non-main investment should meet enterprise adjustment, and reform direction, conducive to enterprise development
    (V) investment and enterprise asset management scale financing for, the level of assets and liabilities and the ability to adapt, (vi) adequate scientific proof. Referred to in the preceding paragraph refers to the main business development strategies and plans, and confirmed by the State-owned assets supervision and administration of the business.
    Non-core business means the business other than a business.
    24th article State-owned holding company and State-owned shares company of shareholders will, and Board in decided following matters Shi, by City State-owned assets supervision management institutions delegate of company shareholders representative, and Director should to City State-owned assets supervision management institutions report and according to indicates published views and exercise voting: (a) company of Division, and merged, and bankruptcy, and dissolved, and established subsidiary; (ii) appointment Enterprise head; (three) Director, and prison thing of paid; (four) annual financial budget programme, and accounts programme;
    (E) profit distribution plans and plans for making up losses (vi) increase or decrease in capital and issue of corporate bonds and (g) other matters stipulated by laws, rules and regulations.
    Was sent out of the shareholder representatives and directors should be in 7th after meeting the situation in the report, State-owned assets supervision and administration.
    25th article State-owned holding company, and State-owned holding enterprise of following matters, should in plans or motion, and report determine Hou 5 a days within city state-owned assets supervision management institutions record: (a) annual investment plans, and business plans; (ii) for child Enterprise provides guarantees of implementation programme; (three) Enterprise half and the annual work report; (four) bankruptcy, and dissolved enterprise of workers placed programme; (five) City Government and City State-owned assets supervision management institutions provides of other major matters. 26th municipal State-owned assets supervision and administration in accordance with the relevant provisions of article development of State-owned enterprises, State-owned company in charge of compensation management, determine the income of enterprises.
    Heads of enterprises formed by base salary, performance pay and long-term incentives.
    (A) base paid is enterprise head of annual basic income, main according to enterprise scale, and management difficulty, and municipal enterprise workers average level, factors integrated determine; (ii) performance pay and Enterprise head business performance assessment results linked, by performance assessment level and the assessment scores determine; (three) medium-and long-term incentive is through stock option, and annuity, variety form in enterprise established lasting incentive source, makes enterprise both recently benefits and long-term development, pursuit good benefits.
    27th State-owned companies, State-owned enterprise to develop enterprise development strategies, development plans and their implementation programmes should plan and programmes identified within 5 working days after municipal State-owned assets supervision and Administration Department for record. 28th article State-owned owned company, and State-owned owned enterprise following matters should reported City State-owned assets supervision management institutions approved: (a) company articles, and annual positions consumption programme, and annual financial budget and accounts programme, and profit distribution programme and make up losses programme and restructuring, and joint-stock transformation programme, and annual payroll index; (ii) company or enterprise of Division, and merged, and bankruptcy, and dissolved, and increases or decreases capital or issued company bonds, or in increased funding spread unit in the all or part gave up state-owned unit recognize equity of, Should by city government approval of important of State-owned owned company and State-owned owned enterprise except; (three) disposal major tangible assets or intangible assets, foreign provides guarantees, or in litigation, and arbitration in the gave up larger amounts of compensation right of; (four) major voted financing plans; (five) intends for following new, and technical project of: 1. not was authorized business of Enterprise intends for investment accounted for enterprise registered capital 10% above or amounts up 3 million Yuan above (containing 3 million yuan) of new, and technical project; 2.
    Is corporate investment to be carried out by authorized operation of enterprises registered capital of more than 10% or the amount of more than 5 million Yuan (including 5 million yuan) of new construction, technical renovation projects.
    Municipal Government can be adjusted according to economic development of practical factors such as the aforementioned amount.
    Significant tangible or intangible assets details provided by the municipal State-owned assets supervision and administration and made public. 29th State-owned companies, State-owned enterprises, State-owned holding company, State-controlled enterprises corporate management level in principle contained within second-level.
    Among them, the smaller companies or companies, in principle, the level of corporate management control within the level. Level of corporate management in these measures refers to capital ties to bottom and formation of management layers between the various corporate units.
    Corporate management level the first level funded enterprises; the second level refers to the first level, the Investment Corporation, and so on.
    30th article about established child enterprise of following matters, State-owned owned company, and State-owned owned enterprise should reported City State-owned assets supervision management institutions approved: (a) established full funding, and holding, and shares child Enterprise; (ii) established of full funding, and holding child Enterprise Division, and merged, and dissolved, and application bankruptcy and restructuring; (three) established of child Enterprise transfer all State-owned equity or for transfer part State-owned equity led State-owned shareholders no longer has holding status.
    31st article following matters, State-owned owned company, and State-owned owned enterprise should reported City State-owned assets supervision management institutions record: (a) established of full funding and holding child Enterprise increases or decreases registered capital, and equity transfer, and assets loss revoked, and enterprise leaders business performance assessment and pay management approach; (ii) by established of child enterprise established holding, and shares Enterprise; (three) child enterprise of owned, and holding, and shares child enterprise funded established full funding or holding enterprise.
    32nd of the enterprises funded by the investment firm set up by other major issues required by the enterprises funded by the approval of the State-owned assets supervision and administration, the management measures shall be formulated separately by the State-owned assets supervision and administration, submitted to the municipal people's Government.
    33rd city in accordance with the relevant provisions of the State-owned assets supervision and administration of enterprises funded by State-owned companies, State-owned enterprises sent the Board of supervisors, and administered in accordance with the relevant provisions. 34th State-owned companies, State-owned enterprises and State-holding companies, State-owned holding Enterprise shall establish a sound legal system, strengthen enterprises ' production and management activities of risk monitoring.
    Large enterprises should establish general counsel system.
    Enterprises funded by the approval of the State-owned assets supervision and Administration Division, merger, bankruptcy, dissolution, increase or decrease of capital, property, assets, major investment and financing projects, should be accompanied by a legal opinion issued by the corporate counsel to analyze legal risks, a clear legal responsibility.
    Legal representative of the enterprise the first responsibility is to deal with legal disputes, and primary responsibility for State-owned assets losses.
    35th State-owned companies, State-owned enterprises and State holding companies, State-owned enterprises should establish a sound financial system and audit systems, strengthening the State-owned assets supervision and administration, required reports to the municipal State-owned assets supervision and administration enterprise's financial situation, production management and preservation and appreciation of State-owned assets. Fifth chapter legal responsibility 36th article by funded enterprise has following case one of of, according to plot weight on directly is responsible for of competent personnel and other directly responsibility personnel give corresponding of disciplinary, constitute crime of, law held criminal: (a) should reported City Government or city state-owned assets supervision management institutions approval of matters not reported by approval of, or should to City State-owned assets supervision management institutions record of matters not reported by record of; (ii) violation state-owned assets management provides, using, and disposal, and privately State-owned assets
    , Resulting in the loss of State assets, and (iii) the violation of regulations, foreign investment and provide guarantees and other State-owned assets losses; (d) compensation of the contravention, and damage the interests of the State-owned assets; (v) breach concealment, interception of State-owned assets.
    37th article, sent shareholders of State-owned assets supervision and Administration representatives, directors are not in accordance with the instructions of the municipal State-owned assets supervision and administration to express their views, the exercise of the right to vote, or not submitted their reports on time, with a warning; the circumstances are serious, shall be subject to disciplinary action.
    Article 38th responsible for State-owned assets losses, were dismissed over disciplinary action against heads of State-owned and State-holding enterprises, 5 years served as head of the 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.
    Sixth chapter supplementary articles article 39th managed and implemented financial accounting system of enterprises and institutions, and institutions have the legal personality of the company founded by the State-owned assets by the municipal State-owned assets supervision and Administration Department under the authority of municipal people's Government supervise in accordance with this approach.
    40th on the County and district people's Government shall perform the functions as investors State-owned and State-holding enterprises, State-owned shareholding enterprises in State-owned assets may refer to these measures.
    Not set up separate State-owned assets supervision and administration bodies, by County, district designated by the people's Government departments responsible for supervision and management of State-owned assets.
                                                                                                                            41st these measures shall come into force on March 1, 2008.

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