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Interim Measures For The Qingdao Enterprise State-Owned Assets Supervision And Administration

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

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(Adopted by the 23rd Standing Committee of the Government of the Youth of 26 January 2006 No. 187 of 16 February 2006 of the Order of the People's Government of Blue Island, which was published as effective 20 March 2006)

Chapter I General
In order to strengthen the supervision of State-owned assets in my city, to prevent the loss of State assets and to achieve the value added value of State asset insurance, this approach is developed in the light of legal provisions such as the Law of the People's Republic of China, the Provisional Regulations on the Management of Enterprise Assets.
Article 2
An enterprise funded is determined by law by the National Commission for the Supervision of Assets (hereinafter referred to as the National Commission of the Municipal Government) to be published after the approval of the Government of the city and to be submitted in accordance with the procedures established.
Article 3 states that FCS performs responsibilities on behalf of the municipalities, enjoys the rights and interests of all persons and progressively achieves a national asset management system that combines the management of assets and regulators.
Article IV provides for corporate ownership by law and shall not undermine the legitimate rights and interests of the financier and assume the value added responsibility for the property of the State in which it operates.
Article 5 states that in the event of serious natural disasters, severe sanitary conditions, the Government of the city can harmonize the use of enterprise State-owned assets in accordance with the law.
Chapter II
Article 6
The National Council of Municipalities does not exercise the Government's social and public management functions, and other sectors of the municipal government, institutions do not carry out corporate State-owned asset-funded responsibilities.
The ICF provides guidance and oversight on the management of State-owned assets across the city.
Article 7
(i) The establishment and improvement of the enterprise State-owned asset value-added indicator system to regulate the value added of corporate State assets, including through statistical, auditing, etc.;
(ii) To guide reform and restructuring of State-owned and State-owned companies;
(iii) A supervisory body to be funded to manage the staff of the external oversight bodies, in accordance with the relevant provisions;
(iv) The division of labour in accordance with the statutory procedures and responsibilities for the conduct of the treasury of the treasury of the treasury of the treasury of the treasury of the treasury of the treasury of the holder of the enterprise, in accordance with the relevant provisions;
(v) The preparation of collection plans, the organization of collection and conduct of an examination of the proceeds of State-owned assets of the funded enterprises, and the preparation of a further budget proposal in accordance with the funding planning requirements;
(vi) Approval by law of the important matters of the funded enterprise;
(vii) To monitor and regulate property transaction activities in State-owned assets by law;
(viii) To promote, by law, the establishment of a system of legal advisers for sound enterprises in the city-focused State and State-owned companies;
(ix) Other responsibilities of the contributing person.
Article 8
(i) Enhance the management of State-owned asset surveillance by law, prevent loss of State assets and promote the value added of State asset insurance by enterprises;
(ii) To promote the rational flow and optimization of State assets, to promote the restructuring of State economic offices and structures and to enhance the overall quality and competitiveness of the State economy;
(iii) To promote the establishment of a system of modern property rights that is clear, accountable, protects strict and fluid;
(iv) To guide and promote the establishment of a modern enterprise system by State-owned and State-owned companies, to improve corporate governance structures and to promote modernization of management;
(v) Respect, maintain the operational autonomy of the funded enterprises and uphold the legitimate rights and interests of the enterprise in accordance with the law;
(vi) To guide the establishment of systems such as financial, audit and self-government oversight for enterprises funded to promote corporate management in accordance with the law;
(vii) Other obligations of donors.
Article 9. The National Commission shall report to the Government of the city on the management of enterprise State assets, the value added of State asset insurance and other major matters, as prescribed.
Chapter III
Article 10 shall be implemented in accordance with the relevant provisions, in accordance with the terms of reference, the principle of selection and the mechanism of the owner.
Article 11. The National Council of the Municipalities shall establish a sound scientific and effective evaluation mechanism, which shall carry out a review by law of the treasury of the corporate head of the fund, in accordance with the principle of the integration of the annual archaeological examination and the award.
Article 12
Article 13 sets out the allocation of remuneration for the head of the enterprise, in accordance with the circumstances in which it is funded, the size of the operation of the State-owned company, the difficulty of doing business, the economic benefits and the value added of the State asset insurance value.
Chapter IV
The following major matters for the enterprise financed by Article 14 shall be approved by the Government of the city following review by the National Council of the Municipalities:
(i) The separation, consolidation, insolvency or dissolution of important State-owned enterprises and State-owned companies;
(ii) The transfer of all State unit rights or the transfer of a part of the State's unit's powers would give the State no longer the status of the Prosecution Unit.
Article 15: The following major matters in respect of the enterprise financed shall be reviewed or approved in accordance with the relevant provisions:
(i) State-owned enterprises and State-owned companies' reorganization, equity rehabilitation programmes;
(ii) The corporate charter of the State-owned company;
(iii) The separation, consolidation, insolvency, disbandment, capitalization or issuance of corporate bonds by State-owned enterprises and State-owned companies;
(iv) Funding for major projects within the scope of the business of the State and the State Control Unit;
(v) Transfer of State authority;
(vi) Excluding the right of the State Unit in full or partial terms of the addition of the Unit;
(vii) A decrease in the proportion of national units, including through the introduction of additional stocks and the identification of other non-state capital investment invested in the Unit;
(viii) State-owned enterprises and State-owned companies dispose of major tangible assets or intangible assets;
(ix) Endowment to businesses to produce operating assets;
(x) Other major matters that are required under the provisions of the ICRM.
The following matters for the enterprise funded under Article 16 shall be registered in the National Commission of the Municipal Government:
(i) Funding for major projects within the scope of the business of the State and the State Control Unit;
(ii) The overall distribution of wages by State-owned enterprises and State-owned companies;
(iii) Endowment of business assets by enterprises.
The following matters for which the enterprise is funded shall be reported to the ICRM:
(i) To be hosted, contracted, leased, sold or replaced with natural, legal or other organizations, exceeding the amount of the asset;
(ii) The amount of single guarantees provided externally amounted to 20 per cent of the net assets of this enterprise, 50 per cent of the accumulated amount of security to the net assets of the enterprise, and non-reciprocity to natural, legal or other organizations other than this enterprise;
(iii) The occurrence of major security accidents causing serious loss of life and major property damage to enterprises;
(iv) The circumstances relating to the disposition of corporate assets or the imposition of coercive measures, such as seizures, freezing, seizure and seizures, by the authorities concerned;
(v) Enterprise-related directors cannot perform their duties for reasons such as health;
(vi) Other important matters to be reported in accordance with the provisions.
Approval of major matters for sub-enterprises established for investment in enterprises is carried out in accordance with the relevant provisions of national and provincial, municipal.
Article 19 Shareholder representatives of the National Authority, directors shall report to the National Commission of the Municipalities and exercise voting rights in accordance with the views of the National Commission of Government, in accordance with the advice of the Principality, merger, insolvency, disbandment, capitalization, issuance of corporate bonds, etc.
In accordance with the relevant provisions, the ICG organizes the coordination of the State-owned enterprises in the funded enterprises, State-owned companies and insolvency.
Chapter V
Article 21 The development of a property registration process, improvement of the property registration archives system, regular analysis of the state of property rights in the State of the enterprise and reporting to the Government of the city.
Article 2
In the case of conversion, separation, insolvency, dissolution, transfer of property rights, foreign investment in non-monetary assets or asset transfers, auctions, acquisitions, replacements, the enterprise financed shall make an asset assessment publicly available and entrust the asset assessment body with the corresponding qualifications.
Article 23 deals with property rights in the State of the enterprise, which must be made public in the property transaction bodies established by the National Commission of the Municipalities, without private transactions.
The transfer of corporate property by the enterprise may be made in accordance with the law by auctions, tenders, agreements and other transfers under the legislation.
Article 24 shall establish, by law, a sound national asset assessment management system and work procedures to regulate State asset assessment. The management of project asset assessment activities in the context of the establishment, consolidation, restructuring, sale, conversion, insolvency, disbandment, external investment, changes in equity ratios, and the review of enterprise country-owned asset assessment reports.
Article 25
Article 26
Enterprises funded should submit information, as required, to the ICG on State assets statistics and on State-owned asset operation statements.
Article 27 establishes an evaluation system for sound enterprise country-owned asset indicators.
In accordance with the relevant provisions, ICRM should conduct quantitative, qualitative analysis of the state of operation of enterprise State assets, financial effectiveness, debt-servicing capacity, development capacity.
In accordance with the relevant provisions, the ICJ should establish and refine the indicator appraisal system, such as planning, budget, auditing, enterprise State asset value added. The establishment of an enterprise State-owned asset operation, value added and investment development effectiveness evaluation system.
The proceeds of State-owned assets financed by Article 29 should be included in the current financial budget management.
The municipal State-owned asset benefits fund is included in municipal financial budget management, which is used by the Municipal Government Finance Board to make observations on the municipal administration. The FC is responsible for the preparation of the State capital operation budget under regulation and, as part of the overall municipal budget, is coordinated by the Municipal Finance Agency and is subject to the supervision of the Municipal Finance Agency.
Article 33 The FC shall establish policy advice on national economic downturns and economic restructuring, in accordance with national industrial policies and national economic and social development planning in this city, and review or support by law of the strategic plan for the development of the donated enterprises, major financing planning, supervision of the overall investment direction and investment of the funds-funded enterprises and, where necessary, post-assessments of corporate investment decision-making.
When a State-owned asset property dispute arises between a treasured enterprise, it should be resolved in consultation. There is no consultation and can be applied for the coordination of the ICG.
Chapter VI
In accordance with the relevant laws, regulations and corporate statutes, the National Authority of the Municipal Government sent a treasury to the State-owned enterprises, the State-owned company, the sole-source company, which is funded by the company.
In accordance with the provisions of Article 33, the National Commission of the Municipalities has sent a financial directory to the city-specific investments of the Board, to oversee the financial situation and operational benefits of the enterprise.
Article 34, CMS, CFA, is governed by law by activities such as the conversion, restructuring, acquisition and major investment of the funded enterprise; supervision of financial activities such as the value added of State assets, investment gains, etc.; supervision of the operation of the enterprise manager; guidance and oversight of enterprise internal audit, internal oversight; participation in the organization's economic responsibility and performance audits and reporting to the ICF.
The Chief of Finance has been established in accordance with the provisions for the establishment of joint ventures.
Article 33 fifteenth-funded businesses that are accredited to the CPA should work in conjunction with the CMS, such as the fact-finding mission reporting important matters and regular reporting on corporate financial accounting reports.
It is important to invite the board members to attend meetings on major matters such as enterprise development, annual financial precision, major property changes and critical personnel adjustments.
A third XVI-year-old enterprise shall report financial, production and value-added value-added for State-owned assets to the ICRM, in accordance with the relevant provisions. Oversight inspections, such as audits, should be carried out in accordance with the law and in accordance with the law, establish systems such as sound corporate financial, audit, legal advisers and labour democracy monitoring, improve scientific decision-making mechanisms, strengthen internal oversight and risk control and ensure the integrity of corporate State assets.
The enterprises funded under article 37 should strengthen internal oversight and risk control and encourage the establishment of a legal advisory system by State-owned and State-owned companies.
Large-scale State-owned and State-owned companies should establish corporate legal advisers that are responsible for the management of corporate legal affairs as a senior enterprise.
Article 338 The National Council of the Municipal Government should establish a system of accountability for the responsible corporate vested in the fund by law.
Chapter VII Legal responsibility
Article 39 of the State of the city, the external oversight bodies and their staff members violate this approach, in one of the following cases, the administrative disposition of persons directly responsible and other responsible persons is governed by the law; and the commission of criminal liability in accordance with the law:
(i) Interventions in the ownership of the production of enterprises financed by the fund, affecting the normal production of business activities funded by enterprises;
(ii) No major matters reported by the enterprise in accordance with the provisions of the review or approval;
(iii) Inadequate information on important matters reported by the funded enterprise, problems such as the disclosure of business secrets, resulting in loss of corporate State assets;
(iv) Accreditation of the licensed enterprise;
(v) The criminal assessment and the increase in the burden of the funded enterprises;
(vi) Other acts that are not carried out by law.
Article 40
(i) The financial situation, the value added of the production operation and the value added of the State's asset insurance, or the misstatement, concealment of reports and omissions;
(ii) No procedure shall be taken in respect of major matters that should be reviewed or reviewed;
(iii) Unanimous collusion of property rights or transactions by the owner or the trading party and the non-exploitation of State asset title transactions through the property trading body.
Article 40 states and heads of State-owned and State-owned companies violate decision-making processes, abuse of authority, negligence, unlawful misconduct, causing the loss of corporate State assets and shall be liable and subject to disciplinary action in accordance with the provisions; and criminal liability in accordance with the law.
Article 42, the head of the State and the State Control Unit, responsible for the loss of State-owned assets, is subject to a disciplinary disposition of the loss of the enterprise's State assets, which may not be the head of the State-owned and State-owned unit enterprise within five years, causing significant loss of the enterprise State's assets or being sentenced to the sentence, and shall not serve as the head of the enterprise of the State and the State Control Unit.
Chapter VIII
Article 43
The management of State assets by executive organs, utilities and affiliated units is implemented in the light of this approach.
Non-commercial State assets are converted to operating State assets, developed by businesses, operating resource-based State assets, and monitored by local financial types of enterprises with China assets, taking into account this approach.
Article 44