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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$19.99.
(July 3, 2007 186th meeting consideration of the people's Government of Henan province on July 11, 2007 108th promulgated by the people's Government of Henan province as of September 1, 2007) Chapter I General provisions article in order to standardize and strengthen the administrative institution State-owned assets management, maintain the security and integrity of the State-owned assets, the rational allocation of State-owned assets, improve the efficiency of State-owned assets, according to the relevant regulations of the State, combined with the facts of the province, these measures are formulated.
    Article of the present regulation is applicable at all levels of the party in the province, NPC deputies CPPCC organs, administrative organs, organs, judicial organs and procuratorial organs, various democratic parties, the civil service system management of institutions and social organizations (hereinafter referred to as administrative unit) of State-owned assets management and all kinds of other institutions (hereinafter institutions) of State-owned assets management activity. Article III administrative institution State-owned assets in these measures, refers to all levels of the administrative institutions possess, use, legally recognized as State-owned assets, including the formation of State financial money assets, the allocation of assets, in accordance with the national regulations of the State Organization income assets, as well as donations and other legally recognized as State-owned assets.
    The form as current assets, fixed assets, intangible assets and investments, and so on. Fourth administrative institution State-owned asset management state unifying all classification supervision and to possess, use, the Government's management system.
    Its management activities should be guided by the following principles: (a) the combination of asset management and budget management, (ii) the combination of asset management and financial management, (iii) the combination of physical management and value management.
    Chapter II administrative bodies and duties fifth levels of financial Department of the people's Government of the competent administrative institution State-owned assets management. Sixth administrative units the unit possess, use of State-owned assets management.
    Its main duties is: (a) according to this approach developed this units State-owned assets management of specific approach and organization implementation; (ii) is responsible for this units State-owned assets of account card management, and inventory registration, and statistics report and the daily supervision check, work; (three) is responsible for this units State-owned assets of procurement, and acceptance, and maintenance and maintenance, daily management work, guarantees State-owned assets security full; (four) is responsible for handle this units State-owned assets of configuration, and disposal, and rental, and lending, matters of approval procedures;
    (E) is responsible for the units has not yet decoupled economic entities of State-owned assets supervision and administration of the specific and the preservation and appreciation of responsibility. Article seventh and institutions to this unit occupies, the use of State-owned assets management. Its main duties is: (a) according to this approach developed this units State-owned assets management of specific approach and organization implementation; (ii) is responsible for this units assets acquisition, and acceptance storage, and account card management, and maintenance custody, and inventory registration, and statistics report and the daily supervision check work; (three) is responsible for handle this units State-owned assets configuration, and disposal and foreign investment, and rental, and lending and guarantees, matters of approval procedures; (four) is responsible for this units for foreign investment, and rental, and lending and guarantees of assets of hedge value-added, according to provides timely, and
    To pay the State-owned assets. Article eighth institution of authorities (hereinafter referred to as departments) responsible for the departments and institutions of the State-owned assets supervision and administration. Its main duties is: (a) according to this approach developed this sector belongs institutions State-owned assets management of specific approach and organization implementation and supervision check; (ii) Organization this sector belongs institutions State-owned assets of inventory, and registration, and statistics and the daily supervision check work; (three) audit this sector belongs institutions using state-owned assets foreign investment, and rental, and lending and guarantees, matters, by provides permission audit or approval about assets acquisition, and disposal matters; (four) is responsible for this sector belongs institutions long-term idle, and
    Inefficient operation and excessive asset allocation of job transfers, optimizing the allocation of State-owned assets in public institutions, promoting the institution of State-owned asset-sharing, common; (e) to urge departments and institutions in accordance with the regulations of State-owned assets gains; (vi) is responsible for the departments and institutions of State-owned assets management and usage of appraisal.
    Nineth levels of financial departments, authorities and administrative institutions should be clear regulatory agencies and personnel, completes the level, the State-owned assets management departments or units, and the establishment of asset management information system, dynamic management of State-owned assets, asset statistics and information reporting.
    Chapter III article tenth administrative institution State-owned asset allocation asset allocation shall comply with the relevant provisions of the State and quantity, size, value standards, does not require configuration standards should be strictly controlled, reasonable configuration.
    Administrative unit standards by the financial authorities and the relevant departments at the same level of asset allocation in accordance with relevant regulations of the State and administrative units can perform its duties and local financial situation developed; asset allocation standards in public institutions by the financial authorities and the competent authorities in accordance with relevant regulations of the State developed.
    11th article assets configuration by sibling financial sector approval, except national another has provides outside, by following program approval: (a) annual sector budget prepared Qian, administrative institutions should according to stock assets of quality, and structure and distribution situation, proposed this units Xia a annual intends acquisition assets of heading, and number, measuring funding lines, administrative units directly reported sibling financial sector approval, institutions reported competent sector audit agreed Hou reported sibling financial sector approval; (B) according to the asset allocation of the financial sector standards and administrative institutions for approval of capital, (iii) approval of the financial sector, unit asset acquisition projects can be included in the annual departmental budget and reported in the annual departmental budget comes with approval documents and other related materials, as a basis for budget of the competent departments of the financial sector.
    Without approval, no unit asset acquisition projects may not be included in the budget and expenditures of the Department, and (d) administrative units because of work, temporary increase in asset allocation, asset purchase plan, administrative units directly reported to the Finance Department for approval, institutions reported to the approval of the competent departments for examination and approval of financial department.
    Approved by the people's Government at the 12th, funds held by the financial arrangements of major conferences, organising large-scale activities require the purchase of assets from conferences or events organized by application, the financial sector after the first transfer, leasing, acquisition principles for approval again.
    13th institution with a grant from the higher authority for asset acquisition, financial departments at the same level, higher subsidies no longer approve of the project clear of equipment acquisition, are recorded by the unit when it reported fiscal record.
    Institutions with project funding for acquisition of assets of the financial sector more than the specified limit, approval should be reported to the financial sector; with other assets of the funds to purchase more than the specified limit, submitted to the competent authorities for approval, the competent authority shall approve the results reported to the financial authorities on a regular basis.
    Higher authorities direct configuration, allocation, award of assets assets and donations and other legally recognized as State-owned assets, administrative units should be recorded and reported to the financial authorities in a timely manner.
    14th administrative institutions to buy into the scope of government procurement of assets, it shall implement the Government procurement.
    Administrative institutions will be expected to purchase asset acceptance, registration, input the asset information management system and accounting treatment.
    Fourth chapter assets using the 15th administrative institutions shall set up and perfect the State-owned assets management system, regulate the use of State-owned assets, give full play to the efficiency of State-owned assets to prevent the loss of State assets. Administrative unit shall not in any way have organized economic entity, the use of State-owned assets shall not use State-owned assets in overseas investment, guarantee.
    Except as otherwise provided by law.
    16th administrative institutions will possess, use the leasing of State-owned assets, long-term lending, should be reported to financial departments at the same level for approval.
    Institutions using state assets to foreign investment, leasing, long-term lending and guarantees, shall make the necessary feasibility studies, approval by the financial departments of the competent departments for examination and approval.
    17th administrative unit for rent, lend the State-owned assets by the formation of income shall be paid into special financial account or Treasury, expenditure by functions need to be coordinated by the financial arrangements, the implementation of two lines of income and expenditure management. Foreign investment income and the use of State-owned assets in public institutions leasing, lending and revenue guarantees shall be incorporated into the budget, unified accounting and management.
    Except as otherwise provided. 18th administrative institution State-owned asset management insisted on ownership and use of principles of separation of, and promote the integration and sharing of assets.
    To the standard configuration, inefficient or idle for a long time operation of State-owned assets, administrative units by fiscal departments at transfer or dispose of the same; institutions, the vertical management administrative unit transfers in the system by the competent departments, financial departments at the same level.
    19th financial departments at all levels should strengthen the administrative institution State-owned assets management, on paid use of State-owned assets in administrative institutions and gradually implement centralized and unified management.
    Fifth chapter asset disposal 20th administrative unit of State-owned asset disposal include transfer, sale, replacement, loss and abandonment.
    Institution State-owned asset disposal methods include sale, assignment, transfer, foreign donations, scrap, loss, as well as a monetary asset write-off of losses.
    Administrative institution State-owned asset disposal in accordance with the relevant provisions of the State Finance Department. Article 21st administrative institution State-owned assets shall follow the openness, fairness, impartiality, competence and the procedures for their approval in accordance with the following provisions:

    Provincial administrative unit of State-owned assets worth more than 100,000 Yuan or batch worth more than 200,000 yuan, the provincial financial Department for approval; loss of monetary assets in provincial institutions write-off or disposal of State-owned assets worth more than 100,000 Yuan or batch worth more than 500,000 yuan, after approval by the competent departments submitted to the provincial financial Department for approval.
    Above the prescribed limits following disposal of assets by administrative units and public institutions authorities, submitted to the provincial financial department.
    Implementation of vertical management departments below the provincial State-owned asset disposal approval authority established by the provincial authorities, submitted to the provincial financial department.
    Provincial approval for the following administrative institution State-owned asset disposal determined by the people's Governments at the same level.
    The provisions of this article relating to land disposal and reported to the people's Government at the approval and the relevant provisions of the relevant procedures of land management. 22nd administrative units sold, transfer and replacement of land, houses, vehicles, and large (expensive) instruments and equipment should be assessed by a qualified institutions to assess and report to the Ministry of finance approved or after filing, through an auction, bidding, contract transfer, such as public management.
    In the transaction process, when trading below when evaluating the results of 90%, should be suspended from trading, agreed in the financial sector before they can continue.
    Transactions provided for in the preceding paragraph shall be approved by the Government or legally established property right trading institutions open to the public.
    Article 23rd administrative units Division, undo changes, mergers, restructuring and affiliation, should conduct a comprehensive inventory of their assets and registered, examined by the financial sector before the transfer, transfer, storage, auctions and other procedures. 24th State administrative institution State-owned asset disposal income, according to the Government non-tax income management provides for two lines of income and expenditure management, revenue turned over to financial or Treasury accounts, expenditures in accordance with the functions needed by the financial arrangement.
    Financial departments at all levels should gradually centralized disposal of State property. 25th approved convening major conferences, in organizing large scale events, such as the purchase of State-owned assets, by the organizers at the Conference, after the end of the activity in accordance with the regulations submitted for disposition.
    The Organizer is responsible for the security and integrity of the assets shall not be allowed to occupy or dispose of. Sixth chapter assets assessment and assets inventory 26th article administrative institutions has following case one of of, should delegate has assets assessment qualification of assessment institutions on related assets for assessment: (a) made no original price voucher assets of; (ii) auction, and transfer, and replacement State-owned assets of; (three) overall or part restructuring for enterprise of; (four) merged, and Division, and liquidation of; (five) overall or part assets rental to non-State-owned units of; (six) determine lawsuits assets value of; (seven) institutions
    Foreign investment in non-monetary assets; (h) in accordance with the relevant provisions of the State assets assessment needs in other circumstances. 27th administrative institution State-owned asset valuation and recording system for the implementation of approved projects.
    And recording system for the implementation of approved projects, scope, and permissions based on the relevant provisions of the Treasury.
    28th article administrative institutions has following case one of of, should for assets inventory: (a) national special work requirements or this level government organization assets inventory of; (ii) for major reform or overall, and part restructuring for enterprise of; (three) suffered major natural disasters, force majeure caused assets serious loss of; (four) accounting information serious distortion or State-owned assets appeared major loss of; (five) accounting policy occurred major change, involved assets accounting method occurred important changes of;
    (Vi) other financial departments should be an asset inventory. Article 29th asset inventories, including a basic cleaning, accounting clearing identification, verification of assets, property inventory, profit and loss and improve the system.
    Inventory of assets and the specific measures in accordance with national and provincial financial sector assets inventory measures.
    Seventh chapter, property registration and property rights dispute article 30th property registration in accordance with the uniform policy, the principle of hierarchical management, financial departments at and above the county level in terms of property rights organization.
    31st property registration of administrative units shall apply to the financial sector and property right registration certificate issued by the financial sector.
    Property rights registration is the administrative institutions to possess as legal evidence, the use of State-owned assets.
    32nd article property registration of content main including: (a) units name, and residence, and head and the established time; (ii) units nature, and competent sector; (three) units assets total, and State-owned assets total, and main real assets amount and using status; (four) administrative institutions foreign rental, and long-term lending assets situation, institutions foreign investment, and guarantees situation; (five) other need registration of matters.
    Article 33rd administrative institutions divest, merge, part of the restructuring and affiliation, name, residence and owner of property rights registration content changes, shall handle the registration of property rights because of overall restructuring, liquidation, revoked or cancelled, cancellation of registration of property rights. Article 34th property rights disputes resolved by the parties through consultation between the administrative units.
    No settlement, the financial sector or the people's Government at the mediation, the decision. Administrative units and non-property rights conflicts between administrative units, organizations or individuals, by administrative unit put forward opinions, agreed after consultation with the other party to solve the financial sector.
    No settlement in accordance with the judicial process. 35th occur between public institutions and other State-owned units of State-owned assets property rights disputes, settled by the parties concerned.
    No agreement, may apply to the or common level financial departments at mediation and adjudication, and necessary times have jurisdiction of the people's Government. Public institutions and non-State-owned property rights conflicts between units or individuals, institutions shall put forward opinions, examination by the competent authority and submitted to the approval of the Finance Department at the same level and after consultation of the other party.
    No settlement in accordance with the judicial process. Eighth chapter legal responsibility 36th article administrative institutions and staff violation this approach provides, unauthorized occupies, and using and disposal State-owned assets of, by sibling financial sector ordered corrected, deadline returned illegal proceeds and was occupation of State-owned assets; on units give warning or informed criticism; on units head and directly responsibility personnel by competent sector or monitored organ give remember than disposition; plot more heavy of, give downgraded or dismissed disposition; plot serious of, give fired disposition; constitute crime of,
    Criminal responsibility shall be investigated according to law.
    37th financial sectors, departments and their staff pay, management of State-owned assets, income or allocated funds in violation of this regulation, according to the provisions of the regulations of the financial illegal activities penalties and punishments, processing, disposal constitutes a crime, criminal responsibility shall be investigated according to law.
    Authorities in the configuration or auditing of State-owned assets in public institutions, approved the State-owned assets, items of work in violation of these rules, the financial sector can be ordered to rectify, fails to change the warning.
    Article 38th financial Department and his staff have violated these rules, any of the following acts, principals and persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated according to law: (a) in matters of jurisdiction, procedure and approval in accordance with the provisions of (ii) used his position to ask for or accept bribery and (iii) does not perform its functions of supervision.
    Nineth chapter supplementary articles article 39th social groups and private non-possession, and use of State-owned assets in enterprises, in accordance with the measures implemented.
    The implementation of enterprise management and the implementation of enterprises accounting institutions as well as institutions founded a legal personality of enterprises, by the financial sector in accordance with the relevant provisions of the enterprise State-owned assets management supervision and management.
    Provincial administrative institutions, housing, management of vehicles in accordance with the relevant provisions of the laws, regulations and the provincial government, asset finance and revenue management in accordance with the relevant financial, financial management procedures.
    Foreign offices, State-owned assets management approach by the Department of finance in conjunction with the relevant departments of the province pursuant to these measures separately. 40th these measures shall come into force on September 1, 2007.
                                                                                                                                19th of October 18, 1995, Henan provincial administrative institution State-owned assets management in Henan Province issued regulations repealed simultaneously.

Related Laws