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(Adopted by the 174th ordinary meeting of the Government of the Southern Province on 19 March 2007, No. 103 of the People's Government Order No. 103 of 9 April 2007 of the River Southern Province, which was launched effective 1 May 2007) Chapter I General Article 1 provides for the regulation of the transfer of corporate property to enhance the supervision of corporate property transactions, promote the rational flow of corporate State assets, prevent the loss of corporate State assets, and develop this approach in line with the provisional regulations governing the management of enterprise State assets (No. 378) and relevant national provisions. Article 2 Except as otherwise provided by law, regulations and regulations. Article 3. This approach refers to the transfer of corporate State property, which refers to the act of a corporate property owner's ownership unit that is legally reimbursable for the transfer of corporate property. This approach refers to the various types of property rights, such as the right to property, claims, equity and intellectual property, which are legitimately owned by the State-owned property holding units. Article IV. The transfer of corporate property should be guided by the principles of good credit and legitimacy, openness, equity and justice without prejudice to national and social public interests. Article 5 State-owned asset monitoring authorities of the provincial government are responsible for the management of the management of the management of the management of the State-owned property transfer, and are guided and monitored by law by the supervision of the management of the management of corporate property transfers of the lower-level government. The State-owned asset monitoring authority of the provincial government is responsible for overseeing the management of the State property transfer of the enterprise. The relevant administrations, such as finance, inspection, business and audit, are governed by law with respect to the transfer of State property. Article 6. The transfer of State ownership rights in enterprises should be clear. The State property of the enterprise that is not clear or has a rights dispute shall not be transferred. The transfer of corporate property with security rights should be consistent with the relevant provisions of the People's Republic of China Security Act. Chapter II Transfer and approval process Article 7. The transfer of corporate property must be carried out in accordance with the provisions of the Provisional Approach to the Management of State Property Transfers (Minister of Finance, No. 3) and this approach. Article 8. The National Asset Regulatory Authority decides that the State's property and the transfer of significant assets is owned by the enterprise (including a sub-enter). Significant State property transfer matters for major sub-enterprises should be approved with the financial sector. The transfer of State property below an enterprise is determined by the enterprise and is reported to the State asset monitoring authority. Article 9: The following transfer shall be authorized by the State-owned asset monitoring body to the present-level people's Government: (i) The transfer of corporate property by a State enterprise as a whole or the transfer of corporate national property rights, rendering the State no longer entitled to the status of the Control Unit; (ii) Transfer of national property rights by the Government and other enterprises funded by the sector; (iii) The transfer of the State's net asset assessment value, which is more than 50 million in the province's enterprises and more than 300,000 in the city's enterprises, and more than 5 million in the district (market, area). Decides that or approves the transfer of corporate property shall review the following written documents: (i) Relevant resolutions relating to the transfer of corporate State property; (ii) The National Property Transfer Programme of the Enterprise; (iii) The registration of State property rights in the transferee and the transfermark; (iv) Legal opinions from lawyers; (v) The basic conditions to be met by the competent party; (vi) Other documentation requested by the institution. The approval body shall make a decision on whether it is approved within 20 working days from the date of receipt of the application. Article 11. After approval or decision on the transfer of corporate property, such as the transfer and adjustment of the share of the transfer of property by both parties or the significant changes in the enterprise-owned property transfer programme, it should be resubmitted in accordance with the prescribed procedures. Article 12. The transfer of corporate national property rights relates to the Government's approval of matters relating to social public management, subject to approval by the relevant government departments. The transfer of corporate State property to management shall be in accordance with the relevant national provisions. The transferee shall organize, after the approval of the State-owned property transfer matter, the transferee shall organize the accounting of nuclear funds and auditing in accordance with the relevant provisions. On the basis of accounting for nuclear resources and auditing, the State property rights holding units shall entrust the appropriate quality of the asset assessment system to carry out the asset assessment in accordance with the relevant national provisions. After the asset assessment, the results of the assessment shall be certified by the enterprise and submitted in accordance with the relevant provisions to the State asset monitoring authority for approval or submission. An asset assessment body for the same transfermark and a nuclear reserve shall not be the same brokering body. Chapter III Trade management Article 14. State-owned asset monitoring bodies should enhance service awareness, improve efficiency, establish, maintain a network of information on property transactions, guide and coordinate the resolution of difficulties and problems in the transfer of corporate State property, uphold the legitimate rights and interests of enterprises and promote the reasonable flow and optimization of State assets. Article 15. The transfer of corporate property rights shall be carried out publicly by the property transaction body established under the law without limitation of regional, industrial, financial or subordinate relations. Other provisions, such as national legislation, legislation and regulations, are provided. The off-site transaction or private transactions are prohibited. Article 16 (i) Provide facilities, facilities and information, counselling and services for property transactions; (ii) A review of the authenticity, legitimacy and legitimacy of documents provided by the parties to the property transaction; (iii) The verification of the property transaction contract and the award of the property transaction; (iv) The formulation of a national property transaction rule and the approval of the State asset monitoring authority; (v) Relations with the transferee and the transferee should be avoided; (vi) Conservation of commercial confidentiality for transactions and parties; (vii) Reports of State property transactions to State asset monitoring authorities; (viii) Other obligations under State and province. Article 17 transfers of corporate property by the transferor shall submit the following materials to the property transaction body and be responsible for the authenticity and legitimacy of the property transaction material provided. (i) Applications for the transfer of corporate property; (ii) The qualifications of the transferor; (iii) A description of the State ownership rights of the enterprise; (iv) Approval of the transfer document; (v) A notice of property transfer; (vi) Other relevant material under the laws, regulations and regulations. After a review of the qualifications of the above-mentioned material, the parties shall sign the letter of entrustment. Article 18 deals with property transactions by property rights trading agencies may collect transaction costs, which are implemented in accordance with the relevant provisions of the State and the province. Article 19 The transferee shall entrust the notice of property transfer to the property transaction body on the website of more than provincial newspapers and property trading agencies with a wide range of requisitioners. The notice of property transfer was 20 working days. The notice of transfers may make the necessary conditions for fair transfer without prejudice to the qualifications of the licensee, the goodwill, business, financial situation, management capacity, and the size of the asset. Article 20, after the publication of the notice of the transfer of property, the transferee shall not modify the information that has been issued without undue delay. For special reasons, changes in or cancellation of the information issued should be made, with the consent of the approved body, by a notice by the WIPO transaction body on the source of information. Article 21 is granted to corporate State property and shall submit the following materials to the property trading body and be responsible for the authenticity and legitimacy of the material it provides. (i) Applications for property transactions; (ii) The identity of the licensor; (iii) Authorized trust capacity; (iv) Other relevant material under the laws, regulations and regulations. Foreign and Hong Kong Special Administrative Region, Macao Special Administrative Region, legal persons, natural persons or other organizations in the Taiwan region are involved in the granting of State property in the province, and should also be in line with the requirements of the directory of the foreign investment industry, published by the State and the province, as well as other relevant provisions. Article 2 should be transferred by the transferee, in consultation with the property rights trading agencies, in accordance with the specific circumstances of the transfermark, in the form of auctions or tenders. The transfer of corporate State property through the auction is carried out in accordance with the People's Republic of China auction Act and related provisions. The transfer of corporate State property by solicitation means is carried out in accordance with the relevant national provisions. Article 23, which is subject to the approval of an agreement transfer by the same-ranking State asset control authority, is subject to the approval of an agreement transfer by the authorities of the same-ranking State asset monitoring authority, when two publicly distributors remain to be recruited only to one of the recipients. The transfer of an agreement shall be subject to full consultation between the transferee and the licensee under the auspices of the WIPO transaction body. Their consultative negotiation process shall be attended by representatives of the inspectorate, the transferee's counsel and the worker, and independent advice on the transfer programme. Article 24 shall be based on the assessment results of the enterprise's national property transfer floor or subset. In the course of the property transaction, when the transaction price is less than 90 per cent of the results of the assessment, the transaction should be suspended and the approval of the property transfer authority may continue. Article 25 After the transfer of corporate national property rights, the transaction of State property transfers should be made public and accepted by workers and social oversight. After the transfer of corporate property under this scheme, the transferee and the licensee shall enter into a national property transfer contract with the State and obtain a certificate of the transfer of property rights from the State-owned property transfering agency. The model text of the State property transfer contract is determined by the State-owned asset monitoring authority of the provincial government and the provincial business administration. Article 26 allows the award of the transfer price in the manner agreed upon by the contract and for the period up to one year. The right to State property is subject to changes after the payment of the full price. The transferee is registered with the relevant authorities in the business, land resources and property sector. Article 27 proceeds of property transfer should be given priority to the economic compensation of workers who have been removed from the labour contract, social insurance for the management of workers by social security institutions, social insurance payments owed to workers and businesses and asset assessment and property transaction costs associated with the transfer of property rights. The remaining portion is governed by the relevant provisions as proceeds of the transfer of property rights. Chapter IV Legal responsibility Article 28, the State asset monitoring authority oversees the transaction of property under the law and has the right to inspect the property transaction market and other relevant premises, to identify the material relating to the inspection of the property transaction, to obtain the documents and information relating to the oversight of the matter, to investigate the verification of the information relating to the property transaction, to suppress and investigate offences in the property transaction, to protect the State and the public interest and the legitimate rights of the parties to the transaction. Article 29 of the Social Intermediation Agency is in breach of the law in the audit, assessment and legal services transferred by State property, resulting in loss of State assets or economic losses to others, and the State-owned asset monitoring authority will provide the appropriate penalties for reporting to its industrial authorities, as well as legal accountability. The property transaction agency is misleading or insecure in the course of the enterprise State property transaction, damaging the interests of the State or the legitimate rights of the parties to the transaction, which is reordered by the State-owned asset monitoring authority, which constitutes an offence and is criminally criminalized by law. Article 33, in the context of the transfer of corporate national property rights, the transferee, the enterprise and the licensee have one of the following acts, and the State asset monitoring authority shall require the transfer party to terminate the transfer of property and, in accordance with the circumstances, to grant administrative disposal to the transferor, the transferee and the manager and other direct responsible persons responsible for the transfer of the mark; and to hold criminal responsibility in accordance with the law. (i) No public transfer in the property transaction bodies, as specified in the relevant provisions of this approach; (ii) The transferee, the company that assigns the mark does not perform the corresponding approval process or go beyond the authority, the unauthorized transfer of corporate property; (iii) The transferor, the company that transfers the mark should be deliberately concealed by the assets of the scope of the assessment or by providing false accounting information to the intermediary agencies leading to auditing, assessment of the actuality of the results, and the absence of an audit, assessment or use of an invalid audit, assessment report, resulting in loss of State assets; (iv) The transferor's collusion with the licensee and low-cost transfers of State property, resulting in loss of State assets; (v) The transferee, the enterprise that assigns the mark is not properly accommodated by the relevant provisions, the continuing social insurance relations, the handling of the arrears of the employee and the social insurance contributions that have not been paid, and the violation of the legitimate rights and interests of the worker; (vi) The transferor's failure to provide for the implementation of the creditor liabilities of the transferee, the unlawful transfer of claims or the avoidance of liability for the liquidation of the debt; the transfer of property rights in the country without the consent of the security right in the case of the enterprise's national property; (vii) The choice of the transferee and the signing of the property transfer contract by the licensee to provide false documents, conceal the choice of the transferor; (viii) The loss of State assets caused by the malicious collation of prices in the sale of property, tendering. Article 31, State asset monitoring authorities and their staff members violate this approach, consisting of one of the following acts, to be administratively disposed by the inspectorate of the principal and the direct responsible person; and to hold criminal responsibility in accordance with the law. (i) Approval, ultra vires approval or violation of the provision of property transfers; (ii) Abuse of authority to be private; (iii) Request for, receive and receive bribes; (iv) Non-performance of statutory responsibilities. Chapter V Article 32 is proposed to be implemented through a restructured enterprise comparatively. The transfer of corporate property held by the competent financial sector has been approved by the Government's units that have not yet been separated and by other units. Article 34 of this approach is implemented effective 1 May 2007. |
