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Henan Administrative Institution State-Owned Assets Management Way

Original Language Title: 河南省行政事业单位国有资产管理办法

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(The 186th ordinary meeting of the Government of the Southern Province, on 3 July 2007, considered the adoption of the Decree No. 108 of 11 July 2007 of the People's Government Order No. 108, which came into force on 1 September 2007)

Chapter I General
Article 1, in order to regulate and strengthen the management of State assets of administrative units, to preserve the security and integrity of State assets, to rationalize State assets and to enhance the effectiveness of the use of State assets, and to develop this approach in the light of the relevant provisions of the State.
Article II applies to State asset management activities at all levels of party in this province, the organs of the executive branch, the executive branch, the judicial body, the prosecution, the various democratic party organs, reference to the management of the civil service, the State asset management act and other property management activities at all levels (hereinafter referred to as an administrative unit).
Article 3. This approach refers to State-owned assets of all administrative units at all levels, which are occupied and used by all administrative units, which are legally recognized as all assets of the State, including assets derived from national financial funds, assets allocated by the State, assets generated in accordance with the State's income, and acceptance of donations and other assets recognized as owned by the State. Its expressions are mobile assets, fixed assets, intangible assets and external investment.
Article IV governs the management of State-owned assets in the administration of the administrative service with the State to harmonize all, government-level regulation and the ownership and use of the management system. Its management activities should be guided by the following principles:
(i) Integration of asset management with budgetary management;
(ii) Integration of asset management and financial management;
(iii) Integrate physical management with value management.
Chapter II
Article 5
Article 6. Specific management of State assets occupied and used by this unit is carried out by administrative units. The primary responsibility is:
(i) Develop specific approaches and organize implementation based on this approach to the management of State assets in this unit;
(ii) Cardage management of State assets of this unit, inventory registration, statistical reporting and daily inspection;
(iii) Safeguarding the integrity of State assets by day-to-day management, such as the procurement, inspection, maintenance and maintenance of State assets of this unit;
(iv) Procedures for the preparation, disposal, rental and borrowing of State assets of this unit;
(v) Specific supervision of the management of State-owned assets with economic entities that have not yet been distracted from this unit and responsibility for value added.
Article 7. The primary responsibility is:
(i) Develop specific approaches and organize implementation based on this approach to the management of State assets in this unit;
(ii) The acquisition of assets of this unit, the identification of the income bank, the management of the accounts, the maintenance of custody, the registration, statistical reports and daily oversight inspections;
(iii) Procedures for the processing of State-owned asset configurations, disposal and external investment, rental, borrowing and security of the unit;
(iv) The value added of the encumbered value of the assets of the unit for foreign investment, rental, borrowing and security, in accordance with the provision for the timely and full payment of State assets.
Article 8. The competent authorities of the enterprise unit (hereinafter referred to as the competent authority) are responsible for monitoring the management of State-owned assets belonging to this sector. The primary responsibility is:
(i) Develop, in accordance with this approach, a specific approach to the management of State assets of the enterprise units of this sector and organize implementation and monitoring inspections;
(ii) Organizing the identification, registration, statistics and daily supervision of State-owned assets in this sector;
(iii) Approval of matters relating to the acquisition, disposal of assets by virtue of the terms of reference or approval of asset-related acquisitions, taking advantage of State-owned assets external investment, rental, borrowing and security;
(iv) Competitive agents responsible for the long-term secession, low-efficiency and supra-standard configuration of assets in this sector, optimizing the national asset configuration of the enterprise unit, promoting the sharing and sharing of State assets in the enterprise unit;
(v) To promote the payment of State-owned assets by the unit of cause of this sector;
(vi) An evaluation of the management and use of State-owned assets in this sector.
Article 9. Financial departments, authorities and administrative units at all levels should clarify the management and personnel at the level, the sector, the State-owned asset management of this unit, and establish asset management information systems, dynamic management of State assets and the preparation of asset statistics and information reports.
Chapter III Assets configuration
Article 10 The State asset configuration of the administrative unit should be consistent with the State's standards relating to regulations and quantity, specifications and value, without setting the criteria for the configuration, and should be strictly controlled and rationalized.
The administrative unit's asset configuration criteria are developed by the same level of finance with respect to the performance of functions in accordance with the relevant national regulations and administrative units and the local financial situation; the unit's asset configuration standards are developed in conjunction with the relevant authorities in accordance with the relevant national provisions.
Article 11
(i) Prior to the annual sectoral budgeting process, the administrative unit shall submit the contents, quantity, measurement of the assets to be procured in the next year of the unit, in accordance with the quality, structure and distribution of the stock assets, direct reporting by the administrative units to the same financial sector for approval, and post-approval of approval by the competent authority;
(ii) The financial sector shall be subject to approval in accordance with the criteria for the configuration of assets at this level and the status of the assets of the administrative unit;
(iii) Subject to approval by the financial sector, units may include asset acquisition projects in the annual sectoral budget and accompany the relevant materials, such as the annual budget submission, as a basis for the approval of sectoral budgets in the financial sector. No unit shall include the acquisition of assets in sector budget and unit requirements without approval;
(iv) In the case of a temporary increase in the staffing of assets due to the need for work, an asset acquisition plan should be presented, the administrative unit reports directly to the financial sector for approval, and the post-approval approval of the financial sector.
Article 12, with the approval of the Government of the same-level people, requires acquisition of assets, such as major conferences convened by financial arrangements, large-scale activities, etc., to be submitted by the Conference or the activity units, and the financial sector is authorized in accordance with the principles of pioneering, post-lease lease and re-tamination.
Article 13 provides for the acquisition of assets by the administrative service unit using the secondary grant income, for approval by the same level of financial sector, for the purpose of the sub-prime fund project, which clearly contains no further approval for the acquisition of equipment, and for the post-primary financial sector.
The acquisition of assets by the same-level financial sector with project requirements shall be subject to approval by the same-level financial sector; the acquisition of assets with other funds for which the amount of assets exceeds the threshold shall be approved by the competent authority, and the authorities shall submit the findings on a regular basis to the same financial sector.
For the top-level sector to be directly equipped, allocated, rewarded assets and authorized assets and other assets recognized as all assets of the country under the law, the administrative unit should be in a timely manner and be reported to the same level of finance.
Article 14. The acquisition of assets within the scope of government procurement by administrative units shall be carried out in accordance with the law.
The administrative unit should conduct inspection, registration, entry into the asset information management system and timely payment processing.
Chapter IV Use of assets
Article 15. The administrative unit should establish a sound management system for the use of State assets, regulate the use of State assets, fully utilize the benefits of State assets and prevent the loss of State assets.
The administrative unit shall not hold economic entities in any form using the possession and use of State assets and shall not use State assets for external investment and security. Except as otherwise provided by the law.
Article 16 shall be subject to approval by the same financial sector by an administrative unit that will be held and used by State assets for external rental and long-term borrowing.
The treasury units should use State assets for external investment, rental, long-term borrowing and security, as well as the necessary feasibility arguments for post-financial approval by the authorities.
Article 17
The income earned by the utilities's external investment benefits and the use of State asset rental, borrowing and security should be included in the unit budget, unified accounting and harmonized management. Except as otherwise provided by the State.
Article 18 Management of State-owned assets of the administrative service maintains the principle of separation between ownership and the right to use and promote the integration and sharing of assets. The administrative units are used or disposed of by the same-level financial sector for State assets that are overcrowded, inefficient or long-term, and are used by the competent authorities in the system for the same-tier financial sector.
The financial sector at all levels should strengthen the management of State assets of the administrative unit, and the centralization of the use of State-owned assets for administrative units.
Chapter V
Article 20 State-owned assets disposal of administrative units includes non-reimbursable transfers, sale, replacement, reporting damage, and devastation.
The State-owned asset disposal approach of the enterprise unit includes the sale, transfer, external donations, invalidity, reporting damage and cancellation of currency assets.
The extent of the disposal of State assets by administrative units is implemented in accordance with the relevant provisions of the national financial sector.
Article 21, State-owned asset disposal of administrative units should be guided by the principles of openness, equity and justice, and its authorization and procedures are implemented in accordance with the following provisions:
The provincial direct administrative unit disposes of the value of the State assets unit of more than 100,000 dollars or more of the total value of the total amount of US$ 200,000 for approval by the provincial fiscal sector; the write-off of the currency assets of the province's immediate unit or the disposition of the value of the State's assets unit in excess of $100,000 or more of the value of the sum of the total amount of US$ 50,000, with the approval of the post-communication finance sector. The assets below the above-mentioned limits are disposed of by the administrative units and the authorities of the cause and are reported to the provincial financial sector.
The authorization authority for the disposal of State-owned assets in the following vertically managed sectors is determined by the provincial authorities and is reported to the provincial financial sector.
The authorization authority for the disposal of State-owned assets in the provinces' jurisdiction is determined by the same-level people's Government.
This article concerns land disposal, reporting to the same-ranking people's governments for approval and dealing with the relevant procedures in accordance with the relevant provisions of land management.
Article 2: The sale, transfer and replacement of land, homes, vehicles and large (excellent) instruments, equipment, etc., shall be publicly disposed of, inter alia, by means of auctions, tenders, agreement transfers. In the course of the transaction, when the transaction price is less than 90 per cent of the assessment results, the transaction should be suspended and the financial sector may continue.
The transaction under the preceding paragraph shall be carried out publicly by the property transaction bodies approved or established by the Government.
Article 23. When the administrative unit is structured, removed, consolidated, restructured and subordinated, its assets should be fully cleared and registered and, subject to approval by the same financial sector, the transfer, transfer, storage, auctions, etc.
Article 24, State-owned assets disposal income, which is owned by the State, is managed in accordance with the Government's non-levant income management provisions on the basis of the payment of two line lines, and the income-earning vested in the treasury or in the national bank, and expenditure is required to be integrated financially in accordance with the performance function. The financial sectors at all levels should be gradually implemented with the concentration of State assets.
Article 25 has been approved for the convening of a major conference, the holding of temporary acquisitions, such as large-scale activities, and is disposed of by the hosting units after the end of their activities, in accordance with the provisions of this approach. The hosting units are responsible for the safety and integrity of assets and cannot be held or disposed of.
Chapter VI Assets assessment and asset inventory
Article 26 has one of the following conditions in the administrative service and should be entrusted with an assessment of the assets involved by an asset assessment body:
(i) The acquisition of assets without the original price voucher;
(ii) The auction, the transfer of compensation and the replacement of State assets;
(iii) Formal or partial adaptation to enterprises;
(iv) Integration, separation and liquidation;
(v) Total or partial asset leases to non-state units;
(vi) Identifying the value of the asset in question;
(vii) External investments in non-monetary assets by the cause unit;
(viii) Other circumstances requiring asset assessment in accordance with the relevant national provisions.
Article 27 states-owned asset assessment projects of the administrative unit are approved and submitted. A project, scope and competence to be implemented in accordance with the relevant provisions of the Ministry of Finance.
Article 28 contains one of the following conditions for the administrative service, and the inventory of assets should be carried out:
(i) National specific work requirements or the identification of assets by the current Government;
(ii) Major reforms or changes in part to enterprises;
(iii) Serious losses of assets caused by force majeure, such as major natural disasters;
(iv) Significant loss of accounting information or national assets;
(v) Significant changes in accounting policies involving significant changes in asset accounting methods;
(vi) Other circumstances that should be identified in the same financial sector.
The contents of the asset inventory work include the clean-up, the clearance of accounts, the identification of property, damage determination, asset verification and improvement systems. The specific approach to asset identification is implemented in accordance with the asset inventory methodology established by the national and provincial financial sectors.
Chapter VII
Article 33 Registration of property rights is carried out by the financial sector at the district level in accordance with the principle of harmonization of policies and sub-management.
Article 31 shall apply to the same financial sector for the registration of property rights and for the registration of property rights in the financial sector.
The property registration certificate is a legal voucher for the possession and use of State assets by the administrative unit.
The content of the registration of property rights is mainly:
(i) Names, residences, heads and establishment time;
(ii) The nature of the unit, the authority;
(iii) Total assets of units, total State assets, the amount of major physical assets and the status of their use;
(iv) External rental and long-term borrowing of assets by administrative units, external investment and security;
(v) Other matters requiring registration.
Article 33 Changes in the registration of property rights in the form of separation, consolidation, partial conversion, and changes in the content of the titles, such as affiliation, name of unit, residence and head of unit shall be registered; the liquidation, write-off of property shall be carried out for reasons such as the withdrawal of the law or conversion of the whole system.
The property dispute between administrative units is resolved by the parties in consultation. Consultations cannot be resolved by conciliation and decision by the financial sector or by the same level of people.
There are property disputes between administrative units and non-administrative units, organizations or individuals, which are dealt with by administrative units and are reported to be resolved in consultation with the parties concerned upon their consent. Consultations cannot be resolved and are dealt with in accordance with judicial procedures.
Article XV deals with property rights disputes between the cause unit and other State units, which are resolved by the parties. The consultations cannot be resolved by applying for mediation or decision to the same level or at the level of finance, where necessary, to the Government of the people with jurisdiction.
The property dispute arises between the cause unit and non-State units or individuals, and the unit of the cause shall provide the advice to the parties, subject to review by the competent authorities and report to the same level of finance. Consultations cannot be resolved and are dealt with in accordance with judicial procedures.
Chapter VIII Legal responsibility
Article XVI. In violation of this approach, the Administrative Services Unit and its staff have been authorized to take possession, use and dispose of State assets, by an order of the same level of financial authority, to return proceeds of violations and the State assets occupied by them, to a period of time, to a warning or notification of criticism of the unit, to the extent that the heads of units and the direct responsibilities have been disposed of by the competent authorities or the inspectorate, to the extent that they are reoccured or disposed of their functions, to the extent that they are severely punished, and to be criminally criminalized by law.
Article 337 violates the provisions of this approach when the financial sector, the competent authorities and their staff are surrendered, the administering Power has an asset gain or the allocation of financial funds, in accordance with the provisions of the Financial Offences Punishment Regulations, which criminalizes criminal liability.
The financial sector may be responsible for the conversion of its period of time and for the warning of delays in the preparation of State assets or in the clearance, approval and disposal of State assets.
Article 338, in violation of this approach by the financial sector and its staff, provides that one of the following acts shall be administratively disposed of by law to the principal and the person directly responsible; constitutes an offence and criminally liable by law:
(i) No procedure for approval in accordance with the competence established;
(ii) Use of office facilities to seek and receive bribes;
(iii) Non-compliance with the oversight responsibilities under the law.
Chapter IX
Article 39 takes place in social groups and in non-commercial units using State assets, taking into account this approach.
The financial sector is governed by the relevant provisions of the enterprise State asset management.
The management of land, houses, vehicles in the province's immediate administrative unit is carried out in accordance with the relevant provisions of the law, legislation and the provincial government, and the financial and profit management of the assets is carried out in accordance with the relevant financial, financial management approach.
The State-owned asset management approach of the provincial office of UNOPS is developed by the Ministry of Finance and the relevant departments of the province on the basis of this approach.
Article 40 The National Asset Management Provisions of the Southern Province, issued by the People's Government Order No. 19 of 18 October 1995, were also repealed.