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Implementation Measures For The Enterprise State-Owned Assets Supervision And Management In Liaoning Province

Original Language Title: 辽宁省企业国有资产监督管理实施办法

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(Summit No. 55 of 6 December 2005 of the Government of the Greateren province considered the adoption of the Decree No. 189 of 14 December 2005 of the Government of the Greateren Province, which was launched effective 1 February 2006)

Chapter I General
In order to strengthen the management of enterprise State assets, establish a national asset surveillance system for the management of State assets adapted to the economic needs of the socialist market, add value to national asset insurance, and develop this approach in line with the provisional regulations governing the management of enterprise State assets (hereinafter referred to as the Regulations) and the relevant laws, regulations and regulations.
The management of State-owned assets in the provinces, the municipality in which the Government of the communes perform the responsibilities of the treasury and the State Control Unit, the State participating in the enterprise of the National Unit (hereinafter referred to as the funded enterprise).
Article III, State-owned asset monitoring authorities in the provinces and districts perform the responsibilities of the current people on behalf of the Government and supervise the enterprise State assets in accordance with the law.
The State-owned asset monitoring authority of the superior government provides guidance and supervision in accordance with the law for the management of State assets oversight at the lower level.
Article IV. Governments at all levels should strictly enforce the laws, regulations and regulations governing the management of State assets, adhere to the Government's social and public management functions separately from the State's assets-funded functions, and apply ownership and the right to operate.
Article 5
The State-owned asset monitoring authority should support businesses to operate in accordance with the law and should not interfere with business production activities.
Article 6.
Chapter II
Article 7. State-owned asset monitoring bodies shall be exempted or recommended to the head of the enterprise in accordance with Article 17 of the Regulations.
The Head of State and the National Control Unit may result in an internal competitive induction or socially public recruitment.
Article 8. The State asset monitoring authority shall enter into an annual or term operating performance contract with its appointed enterprise head. The basic annual pay for the completion of the business performance contract, the payment of annual benefits to the excess of the completion of the business performance contract, the corresponding deduction of the basic annual salary for the failure to complete the business performance contract, and the significant contribution to enterprise development, which is rewarded by the State asset monitoring authority.
Article 9. Establishment of the State-owned and State-owned unit's business chiefs should be responsible for integrity, reporting on major matters, interviewing, economic responsibility auditing and decision-making.
Chapter III
Article 10. The State asset monitoring authority shall, subject to approval by the Government of the people at the present level, review, approve or decide on matters of great concern under articles 20, 21, 23 and 24 of the Regulations.
In addition to the provisions of the law, legislation and regulations, the time frame for the review, approval or decision of the State asset oversight body shall be implemented in accordance with the following provisions:
(i) A decision to be taken within 5 days of the date of receipt of an enterprise request; a statement of material is incomplete or incompatible with the provision of a one-time notification of the material or content that would need to be filled; a declaration is not within the scope of the governing body for the supervision of State assets at the present level and is communicated to the competent national asset control authorities.
(ii) Approval, approval or decision-making within 30 days of the date of admissibility; non-review, approval or decision, written notification to the applicant and reasons for the reasons.
Article 11: The State and the enterprise of the State Control Unit shall submit a written report to the State asset oversight body within 10 days of the date of the occurrence:
(i) The seizure, freezing or seizure of State assets;
(ii) A major product quality or a safe production accident resulting in significant loss of State assets;
(iii) The inclusion of products by foreign or offshore areas in anti-dumping, anti-subsidance surveys;
(iv) The head of the enterprise cannot perform his duties because of his or her health or the imposition of personal coercive measures;
(v) Other important matters specified by the Government of the People of the province.
In accordance with the relevant provisions of the State and the provincial authorities, the National Asset Monitoring Authority shall organize the coordination of the restructuring of the State and the State Control Unit enterprises and take practical and feasible measures to prevent the loss of State assets.
Article 13 State-owned and State-owned companies have to be restructured and programmes must be developed. The programme is developed by the National Asset Regulatory Authority or is also developed by its institution entrusted to the social intermediary or by a restructured enterprise (concluding the transfer of State property to the head of the enterprise).
The programme must be implemented after the approval process is conducted.
Article 14. The State and the State Control Unit shall be restructured and shall be subject to the relevant provisions of the State and the province.
Article 15. The State asset monitoring authority shall report in advance on matters to be decided by the shareholders, directors, representatives of shareholders from the State Control Unit, the State participating in the enterprise, and shall exercise the right to vote, in accordance with instructions from the State asset monitoring authority. Relevant circumstances in the performance of their duties should be reported to the State asset monitoring authority within 5 days of the closure.
Article 16 states that the State asset monitoring authority shall, in accordance with the relevant provisions of the State, develop guidance on the reform of the State-owned enterprise, the sole-source company's income distribution system, establish a multi-emoluments system such as the annual pay and temporal unit, the temporal power, and administer the overall level of the enterprise wage allocation of the State and the State Control Unit.
Article 17 The State asset monitoring authority performs the power of shareholders under article 38 of the People's Republic of China Companies Act.
Chapter IV
Article 18
(i) Defining corporate property rights in accordance with the law;
(ii) The registration of State-owned assets of the funded enterprise by law and the establishment of property registration files;
(iii) The establishment of an enterprise-owned asset assessment results-based approval system that guides the sound application of the assessment results from the funded enterprises;
(iv) Clearing, registering, collating and necessary financial processing of the assets and funds occupied by the State and the State Control Unit enterprises, in accordance with the State-specific work requirements and the specific needs of the enterprise, will be verified and reviewed with the financial sector for the results of the inventory of nuclear funds;
(v) Statistics on the stock, distribution, structure, change and operational effectiveness of enterprise State-owned assets, in accordance with the various statements sent by businesses;
(vi) Establish an enterprise-owned asset evaluation indicator system that uses scientific, normative evaluation methods to conduct integrated evaluations of the operation of enterprise State-owned assets, economic benefits, debt-servicing capacity, development capacity.
Article 19 The State asset monitoring authority should establish an enterprise-owned asset property rights trading system to collect, collate and analyse information on corporate property rights transactions, identify enterprise State-owned asset transaction agencies, monitor the transaction of property rights in the treasured enterprise State in accordance with the statutory authority or approve the transfer of enterprise State assets.
In addition to the provision made by the State and the State Control Unit, the transfer of property rights to a property transaction market must be made in a competitive manner. The transfer price is commissioned by the transferee to assess the asset assessment body and to report on the approval of the State asset monitoring authority. The transfer of property rights must be given a prior notice and the time limit shall not be less than 20 days.
Article 20 establishes a national capital operating budget system. The State-owned asset monitoring authority shall prepare an annual national capital operation budget in accordance with the principle of optimizing the structure of State assets and guaranteeing the benefits of the State's unit.
The State-owned capital management budgeting approach was developed by the provincial State-owned asset monitoring authority and the provincial fiscal sector.
Chapter V
Article 21, the National Asset Regulatory Authority, on behalf of the Government of the people at this level, dispatched a directory of the State-owned enterprises in the funded enterprises, the State-owned company to present a directory to the State Control Unit, the State participating in the unit.
Business presences should be subject to oversight inspections by the CPA, such as the real provision of the enterprise's production, operation and asset management.
In article 22, the National Asset Regulatory Authority dispatched a directory should report on the value added of the enterprise State asset insurance and the performance of its duties to the head of the enterprise on a regular basis.
Article 23 allows the State-owned asset monitoring authority to carry out a financial directory to large-state-owned enterprises, State-owned companies, as required, to oversee the financial situation and operational benefits of enterprises.
Article 24 State asset management is responsible for the management of corporate legal advisers, providing guidance and promoting the establishment of a system of corporate legal advisers.
The corporate legal adviser is primarily responsible for the operation, management and decision-making of the enterprise, assessing the legal risks to be presented in major matters, giving legal opinions, making recommendations for dealing with acts that undermine the legitimate interests of the enterprise or the legitimate rights of the investor.
Large State-owned and State-owned companies have established legal services with the overall legal advisers. The General Legal Adviser is the senior manager of the enterprise and is fully responsible for the legal affairs of the enterprise and participates in the major decisions of the enterprise.
Article 25 State-owned and State-owned companies should establish a major legal dispute resolution regime.
Major legal disputes involving the rights and interests of the financier should be reported to the State Asset Supervision Authority within 20 days of the date of the dispute and will address the results to be submitted to the State asset monitoring authority within 10 days of the closure.
Article 26 State-owned and State-owned companies shall submit national asset statistics reports regularly to national asset monitoring authorities, in accordance with the relevant provisions.
Chapter VI Legal responsibility
Article 27 governs the management of State assets and its staff, funds and their heads violates this approach, in accordance with the Regulations and the relevant laws, regulations and regulations.
Chapter VII
Article 28 regulates the supervision of State-owned assets funded by the Government of the People's Government of the entrepreneurship management unit (at the district level, area) in the light of this approach.
The twenty-ninth approach was implemented effective 1 February 2006.