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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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(Adopted at the 31st ordinary meeting of the Government of the Southen Municipalities on 26 November 2007 and published by Decree No. 10 of 5 January 2008 on the Government of the Southen Municipalities, as of 1 March 2008)

Chapter I General
In order to promote a reasonable adjustment of the State's economic downturn and structure, the value added of the State asset insurance is achieved, in accordance with the provisional regulations and regulations governing the management of enterprise State assets in accordance with the Business State Asset Superintendent Regulations and the Modalities for the Regulatory of Business State Assets in the Widespring Zone.
Article 2 oversees the management of State-owned assets in the National Authority and the State Control Unit, the State participating in the unit (hereinafter referred to as funded enterprises).
The contribution is determined and made public by the Government of the city.
Article 3: The State-owned asset monitoring authorities of the city perform the responsibilities of all persons on behalf of the city's people's Government; monitor the management of corporate State assets in accordance with the law and provide guidance and oversight on the management of State assets of the county and the territorial Government.
The State-owned asset monitoring authority does not exercise the Government's social and public management functions, and the Government's other agencies, departments do not carry out corporate State-owned asset-funded responsibilities.
The management of State-owned assets is an institution that combines assets and regulators.
Chapter II
Article IV. The State-owned asset monitoring authority of the city shall support the self-employment of the funded enterprise and shall not interfere with the productive activities of the enterprise, in addition to the performance of the responsibilities of the financier and the legal supervision of the administering Power.
Article 5 State-owned asset monitoring authorities should develop and implement national economic development plans and plans to promote the rational flow of State assets and optimize the configuration of State assets.
Article 6
Article 7. The State-owned asset monitoring authority of the city shall establish an evaluation system for the evaluation of national asset indicators for sound enterprises, in accordance with the relevant provisions, with quantitative, qualitative and comparative analysis of the operation of State-owned assets, financial benefits, debt-servicing capacity, development capacity.
Article 8. The transfer of corporate State assets shall be carried out publicly and in strict compliance with the relevant procedures.
Article 9. The State-owned asset monitoring authority of the city shall, in accordance with the relevant provisions, define and register the enterprise's property rights, establish a system for the registration of sound property rights, provide regular analysis and report to the Government of the city on the state of corporate property rights.
Article 10
The proceeds of State-owned assets collected are included in the State-owned capital operation budget of the city's Government, mainly for State-owned economic development, including re-investment of State assets, restructuring of industrial structures, replenishment of State-owned enterprise capital funds, an increase in the power of the shares company's unit to address the necessary expenditures, such as State enterprise reform, and other necessary expenses identified by the city's people.
Article 11, based on the preparation of a national capital operation budget for the funded enterprises, the State-owned asset monitoring authorities, at the request of the optimization of the State's economic downturn, have made additional budgetary proposals to organize the implementation of the post-commune government approval.
Article 12
A large size of the assets in the funded enterprises, improvements in the corporate governance structure, sound internal management systems, well-functioning State-owned companies and State-owned enterprises can be authorized to operate and directly regulate other enterprises in the funded enterprises.
The authorization to operate should be signed by the State-owned asset monitoring body of the city, specifying the scope, duration, and obligations of both parties. Authorized enterprises operate, manage and supervise in accordance with the law on State assets that are created by national investments in their controlled units, participating units, full-time enterprises.
Chapter III General provisions for enterprises financed
An enterprise funded under Article 13 shall accept the supervision of the municipal asset monitoring authority under the law, without prejudice to the legitimate rights and interests of the fund; efforts should be made to improve economic efficiency and assume value-added responsibility for the State-owned assets responsible for the operation.
Investment management systems and investment decision-making processes should be established to strictly control investment risks.
The following provisions should be adhered to when the corporate property is transferred by the enterprise:
(i) An assessment of the transfers of State-owned enterprises authorized to operate, a sole-source company of the State, which is transferred by a company of 1 million yen (with 1 million dollars) and does not affect the status of the National Control Unit, which is authorized to decide autonomously and to report back to the National Asset Supervision Authority on 15 days after the transfer;
(ii) A State-owned enterprise authorized to operate, a State-owned company to transfer an assessment of corporate property of more than 1 million dollars, and the transfer of corporate property by an enterprise that has not been authorized to operate, without prejudice to the status of the National Control Unit, shall be submitted to the approval of the municipal asset monitoring authority;
(iii) The transfer of all corporate property or the transfer of some of the national property rights to the State shall not have the status of the Control Unit and shall be sent to the State-owned asset monitoring authority for approval by the Government of the city.
The city's people's Government can adapt to the above-mentioned amount in accordance with the circumstances.
Article 15 Funded businesses to call for an emission reduction project for the rights and interests of all persons in State assets, shall be submitted for approval by the municipal State-owned asset monitoring authority.
Article 16 Changes in the name, residence or statutory representative of the enterprise shall apply for the registration of changes to the State-owned asset monitoring authority within 30 days of the approval of changes in the business administration.
One of the following cases in which the enterprise is funded shall, within 30 days of the approval of the enterprise fund or the decision of the relevant sector, the enterprise shareholders assembly or the Board of Trustees, apply for a change in the business administration before applying for the registration of the property registry to the municipal asset monitoring body:
(i) Changes in the form of enterprise organizations;
(ii) Changes in national capital in enterprises;
(iii) Changes in State-owned capital contributors;
(iv) Other cases provided by the State-owned asset monitoring authority in the city.
When a State property dispute arises between an enterprise, it should be resolved in consultation, without consultation and may apply for the coordination of the municipal State asset monitoring authorities.
Article 19
(i) The overall manager of the State-owned enterprise (head of the plant), the Deputy Chief (Vice-Perctor), the General Accountants, the General Economy, Engineers and other corporate heads;
(ii) The Director of State-owned companies, the Deputy Director, the Director, the Director, the Director, the Director of the Bureau, the President of the Clerk (Chief) and to make recommendations to the Director-General, the Deputy Director, the General Architects, the General Economist, the General Engineer and other corporate heads;
(iii) In accordance with the corporate charter, a director, a head of the national control unit, a head of the director, a Deputy Director and a chairperson of the CEO (Chief of the Office) are advised to submit proposals to the General Manager, the Deputy Director, the General Manager, the General Accounts, the General Economist, Engineer and other corporate heads;
(iv) In accordance with the corporate charter, a director, a director and a candidate to the National Participating Unit.
Article 20 imposes an operational performance appraisal system for the head of the enterprise funded. The State-owned asset monitoring authority of the city has signed a performance liability letter with the appointed corporate head, which conducts annual and term-of-vocational examinations for the corporate head of the enterprise, as a principal basis for the award and appointment of the head of the enterprise.
Business performance appraisals for corporate heads should focus on the following:
(i) Total annual profit and net asset returns;
(ii) An average growth in the value added rate and operational income of State assets during the term of office;
(iii) Enterprise development.
Article 21, which provides that the proceeds of State assets shall be paid in full and in full accordance with the regulations.
In accordance with the relevant provisions of the State and the level of economic development and socio-economic development of the current city's national asset monitoring authority, in conjunction with the actual and municipal wage guidance lines for the operation of the enterprise funded, the municipal asset supervision management has developed guidance on the distribution of the income of the enterprise worker to be funded, and it is reasonable to redeploy the annual income of the enterprise head and the employee.
Chapter IV Regulatory of major corporate matters funded
Article 23. Significant investments in State-owned companies, State-owned enterprises and State-owned companies, State-owned companies, State-owned companies, State-owned units enterprises in fixed-term assets investments, property acquisition, long-term equity investments, should be in line with the following requirements:
(i) In line with national development planning and industrial policies;
(ii) In line with enterprise development strategies and planning;
(iii) Emphasis in favour of improving the core competitiveness of enterprises;
(iv) Investment in non-residents should be in line with the direction of enterprise adjustment, reform and business development;
(v) The scale of investment should be tailored to the extent of the operation of enterprise assets, the level of asset liabilities and the actual funding capacity;
(vi) Full scientific evidence.
The main business referred to in the previous paragraph is the enterprise development strategy and planning, and the main operation identified by the State asset monitoring authority. The non-ownership refers to other business operations other than the main industry.
Article 24 Shareholder of the National Control Unit and the National Participation Unit, the Board of Trustees, in deciding on the following matters, shall report to and exercise the right to vote by a representative of a company appointed by the National Asset Regulatory Authority of the city:
(i) The separation, consolidation, insolvency, dissolution and establishment of subsidiaries;
(ii) Existence from the head of the enterprise;
(iii) Remuneration of directors, heads of prisons;
(iv) Annual financial budget programmes, accounts programmes;
(v) The profit distribution programme and the compensation programme;
(vi) Increase capital and distribute corporate bonds;
(vii) Other matters under laws, regulations and regulations.
The representatives and directors of the registered shareholders should report the proceedings within 7 days of the meeting on the state-owned asset monitoring authority.
Article 25: The following matters for the State Control Unit and the State Control Unit's enterprises shall be submitted to the State-owned asset monitoring management body within five working days of the plan or bill, the report is determined:
(i) Annual investment plans, business plans;
(ii) Provision of security implementation programmes for sub-enter enterprises;
(iii) Report on the work of enterprises for a half-year and annual period;
(iv) Insolvency and the dismantling of the enterprise's workforce resettlement programme;
(v) Other important matters provided by the Government of the city and the State-owned asset monitoring authority.
Article 26 State-owned asset monitoring authorities in the city determine the criteria for the income of the head of the enterprise, in accordance with the relevant provisions. The emoluments of corporate heads comprise base, performance remuneration and medium- and long-term incentives.
(i) The base salary is the annual basic income of the head of the enterprise, which is based mainly on the size of the enterprise, the management difficulties, and the average wage level of the municipal enterprise worker;
(ii) The performance remuneration is linked to the results of the business performance appraisal exercise conducted by the head of the enterprise, which is determined by the performance appraisal level and by the scores;
(iii) Medium- and long-term incentives are created through multiple forms of equity, annual gold, to enable businesses to balance recent benefits and long-term development and to pursue good benefits.
Article 27 states-owned companies, State-owned enterprises developed enterprise development strategies, development planning and their implementation programmes should report back-to-market asset monitoring authorities within five working days after planning and programming.
Article twenty-eighth State-owned companies and State-owned enterprises shall be reported to the approval of the municipal State asset monitoring authority:
(i) Corporate statutes, annual job consumption programmes, annual financial budgets and accounts programmes, profit distribution programmes and compensatory programmes, as well as reorganizing, shared system rehabilitation programmes, annual salary indicators;
(ii) The separation of companies or enterprises, mergers, insolvency, disbandment, additional capital or issuance of corporate bonds, or the abandonment of the authority of the State's unit in whole or in part of the increase, shall be subject to the approval by the Government of the commune and the sole-source enterprise of the State;
(iii) To dispose of major tangible assets or intangible assets, to provide security outside, or to waive the right to compensation in litigation, arbitration;
(iv) Major project financing;
(v) The following new construction and TCPR projects are proposed:
Enterprises that have not been authorized to operate are proposed to invest more than 10 per cent of the enterprise's registered capital or amount to more than 3 million dollars (3 million dollars) of new construction, TCPR projects;
Business authorized to operate is expected to invest more than 10 per cent of the enterprise's registered capital or amount to more than 5 million new construction, technic projects (including 5 million dollars).
The city's people's Government can adjust the above-mentioned amount in accordance with the realities of economic development.
Specific elements of a major tangible asset or intangible asset are provided and made public by the State-owned asset monitoring authority.
Article 29 governs the management of legal persons owned by a State-owned company, a State-owned enterprise, a company of the National Control Unit, a State-owned company. Among them, the corporate management level is in principle controlled at the level for smaller companies or enterprises.
The approach refers to the level of management of legal persons, which is based on capital bonds, to the management level established with the various legal entities. The first level of corporate management refers to companies financed; the second level refers to corporate units that invest at the first level.
Article 33, concerning the establishment of a sub-enterprise, a State-owned company and a State-owned enterprise shall report to the State-owned asset monitoring body for approval by:
(i) The establishment of a full-scale, controlled unit and a subsidiary enterprise;
(ii) The establishment of a full-scale, sub-entership, consolidation, dissolution, application for insolvency and restructuring;
(iii) The transfer of all State units by a sub-enter or the transfer of part of the State's unit's authority would no longer have the status of the control unit.
Article 31: The State-owned company and the State-owned enterprise shall report to the municipal State-owned asset monitoring body on the following matters:
(i) The establishment of a full-scale and controlled unit to increase the registration of capital, transfer of authority, asset losses, and business leadership in the conduct of performance appraisal and remuneration management practices;
(ii) The establishment of a control unit and a participating unit enterprise;
(iii) A sole-source enterprise, a control unit, a participating unit's enterprise funded to establish a full-scale or controlled unit.
Other important matters for sub-enter enterprises that are financed by enterprises are subject to the approval of the State-funded asset monitoring authority, which is managed by the municipal asset control authorities and approved by the Government.
In accordance with the relevant provisions, the State-owned company, the State-owned company, the State-owned enterprise, is responsible for the management of the relevant provisions.
Article 34 State-owned companies, State-owned enterprises and State-owned companies, State-owned companies, State-owned companies, State-owned companies should establish a system of sound corporate legal advisers to strengthen the legal risk control of business production activities. Large businesses should establish a system of general legal advisers.
In reporting on the approval by the National Asset Regulatory Authority of the separation, consolidation, insolvency, disbandment, increased capital, property transfer, major financing projects, the corporate legal opinion should be accompanied by an enterprise legal opinion, analysis of relevant legal risks and clear legal responsibility.
The corporate legal representative is the first responsible for dealing with cases of corporate legal disputes and has the primary responsibility for the loss of State-owned assets.
Article 33 XV states-owned companies, State-owned enterprises and State-owned companies, State-owned companies, State-owned companies, State-owned companies should establish sound corporate financial systems and audit systems, strengthen enterprise asset monitoring management, report on the financial situation of the enterprise, the status of production and the value added of State assets to the municipal asset monitoring bodies, as required.
Chapter V Legal responsibility
One of the following cases in which enterprises are funded is criminally criminalized by law, depending on the circumstances in which the appropriate disciplinary treatment is given to the competent and other persons directly responsible:
(i) The Government of the city or the State-owned asset monitoring authority shall be reported without approval or shall be submitted to the municipal State-owned asset monitoring authority for matters that are not submitted;
(ii) In violation of State asset management provisions, the use, disposal and private sub-State assets, resulting in loss of State assets;
(iii) Damage to State-owned assets caused by violations of provisions for external investment and external security;
(iv) In violation of the provision for payment of remuneration, which undermines the rights and interests of national assets;
(v) In violation of the provision of concealment and seizure of the proceeds of State assets.
Article 37 Shareholder representatives of the National Asset Regulatory Authority, the director has not been warned in accordance with the instructions of the State-owned asset monitoring body, the exercise of the right to vote, or the absence of timely reporting; and, in the event of serious circumstances, disciplinary action by law.
Article 338 is responsible for the loss of State-owned assets of the enterprise and the head of the State and the enterprise of the National Control Unit that has been disposed of more than Disciplinaryly, and does not serve as the head of the State-owned and State-owned company in five years; causes significant loss of the enterprise State's assets or sentenced to imprisonment, and does not serve as the head of the enterprise of the State and the State Control Unit.
Annex VI
Article 39 provides for the introduction of enterpriseization management and the implementation of the enterprise financial accounting system, as well as State-owned assets of an enterprise with legal personality established by the utilities's units, which are governed by the authorization of the municipal asset monitoring authority in accordance with this approach.
Article 40 provides for State and State-owned assets in the State and State-owned units that carry out their responsibilities under the law for each district, the people of the region, which may be implemented in the light of this approach.
There is no separate establishment of a national asset monitoring authority, which is governed by the supervision of enterprise State assets by a designated department of the district, the people of the region.
Article 40