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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(December 6, 2005, Liaoning Provincial people's Government, the 55th Executive meeting on December 14, 2005, 189th promulgated by the people's Government of Liaoning province as of February 1, 2006) Chapter I General provisions article in order to strengthen the enterprise State-owned assets supervision and administration, set up state-owned assets supervision and management system adapted to the Socialist market economy, State-owned asset increment, in accordance with the interim regulations on State-owned assets supervision and administration of enterprises (hereinafter referred to as the regulations) and related laws and regulations
    Combining with actual, these measures are formulated.
    Second municipal people's Government of the province into districts to perform the responsibilities of investor-owned and State-holding companies, State-owned enterprises (collectively funded enterprises) in the supervision and management of State-owned assets, these measures shall apply.
    Third of provinces, districts and municipal State-owned assets supervision and administration on behalf of the people's Governments at the corresponding level to fulfil the responsibilities of investor, the enterprise State-owned assets supervision and administration in accordance with law.
    Higher on lower levels of Government by law of State-owned assets supervision and administration of State-owned assets supervision and management guidance and supervision.
    Article people's Governments at all levels should strictly implement the State-owned assets management laws, rules and regulations, public management functions of the Government and State-owned asset investors separate the functions, the implementation of separation of ownership and management.
    Fifth State-owned assets supervision and administration bodies exercising the Government's public management functions; other agencies, government departments do not fulfill corporate responsibilities of investor of State-owned assets.
    State-owned assets supervision and administration institutions should support the business independently according to law, cannot interfere in enterprises ' production and management activities.
    Enterprises funded by the sixth section should accept the supervision and management of State-owned assets supervision and administration according to law, on the management of State-owned assets in enterprises bear the value of responsibility, without prejudice to the legitimate interests of owners and other investors of State-owned assets.
    Chapter seventh enterprises management of State-owned assets supervision and administration in accordance with the regulations of article 17th, appointment or proposed appointment of business leaders.
    Head of State-owned and State-holding enterprises, you can take the internal recruitment competition or public way. Eighth State-owned assets supervision and Administration should be signed with the appointment of Heads of enterprises or term of performance of the contract.
    To complete the performance contract, the cash base salary; for exceeding of the operating performance of the contract, deliver benefits salary; unfinished business performance of contract, withholding of basic annual salary; made a significant contribution to the development of the enterprise, rewarded by the State-owned assets supervision and administration bodies.
    Nineth established State-owned and State-holding enterprises responsible for debriefing under, a major report, talking commandments, economic responsibility auditing and accountability mechanism for making mistakes.
    Tenth chapter III major issues the enterprise management of State-owned assets supervision and administration of the regulation on the Organization of the 20th, 21st, 23rd, 24th, articles on major issues, review, approval, shall, in accordance with legal procedures or decisions need ratification by the people's Governments at the corresponding level, reported the people's Governments at the corresponding level for approval.
    Except legal, and regulations another has provides outside, State-owned assets supervision management institutions audit, and approved or made decided of time, according to following provides implementation: (a) since received enterprise application of day up 5th within made accepted decided; declared material not full or not meet provides of, one-time told need correction of material or content; declared matters not belongs to this level State-owned assets supervision management institutions jurisdiction range of, told its to has jurisdiction permission of State-owned assets supervision management institutions handle.
    (B) from the date of acceptance of the 30th review, approval or a decision rejects the review, approval or decision, notify the applicant in writing and state the reasons.
    11th article State-owned and the State-owned holding enterprise on this enterprise occurred of following major matters, should since occurred of day up 10th within to state-owned assets supervision management institutions submitted written report: (a) State-owned assets was seized, and freeze or seized of; (ii) occurred major products quality or safety accident, caused State-owned assets major loss of; (three) products was foreign or outside area included anti-dumping, and anti-subsidies survey directory of;
    (D) heads of enterprises due to health or is unable to perform his duties by physical coercive measures taken and (v) other important matters of the provincial people's Government.
    Jump 12 State-owned assets supervision and Administration Department shall, in accordance with national and provincial regulations to organize and coordinate the restructuring of State-owned and State-holding enterprises, and take practical measures to prevent the loss of State assets. 13th State-owned and State-holding enterprises, restructuring plan must be established.
    Restructuring plan formulated by the State-owned assets supervision and administration, or by its authorized intermediary institutions or enterprises (free transfer to head of the enterprise property right of State-owned enterprises and State-owned enterprises).
    Restructuring plan after examination and approval procedures must be fulfilled, and that can be implemented.
    14th state-owned and State-holding enterprises, must be carried out in accordance with the relevant provisions of national and provincial assets, financial auditing and asset evaluation. 15th to state-owned assets supervision and administration of State-owned enterprises, State-owned shareholding enterprises sent a representative of the shareholders, directors, shareholders, Board of Directors intends to decide on important matters shall first report on State-owned assets supervision and administration, and express their views in accordance with the instructions of the State-owned assets supervision and administration, exercising the right to vote.
    Perform the relevant information should be on the 5th of the sessions be reported to the State-owned assets supervision and administration.
    16th State-owned assets supervision and administration in accordance with the relevant provisions of the State to develop income distribution system reform of State-owned enterprises, wholly-owned company guidance, establishment of enterprise salary system and stock, options, and other compensation systems, control the overall level of salary distribution in State-owned and State-holding enterprises.
    17th State-owned assets supervision and administration of State-owned companies to perform the People's Republic of China Corporation Law article 38th of the powers of shareholders. Fourth chapter Enterprise State-owned assets management 18th article State-owned assets supervision management institutions should do following the management work: (a) law defined enterprise State-owned assets property; (ii) law on by funded enterprise State-owned assets for registration, established property registration archives; (three) established enterprise State-owned assets assessment results approved system, guide by funded enterprise reasonable using assessment results; (four) according to national special work requirements and enterprise specific need, law organization State-owned and the State-owned holding enterprise on occupied of assets and funds for inventory
    , And registration, and check and necessary of financial processing, with Treasury door General Checkup on enterprise assets results for verified and reply; (five) according to enterprise submitted of various report, on Enterprise State-owned assets stock, and distribution, and structure, and changes and operation benefits, for statistics, timely master Enterprise State-owned assets basic situation and operation status; (six) established enterprise State-owned assets evaluation index system, using science, and specification of evaluation method, on Enterprise State-owned assets of operation status, and economic, and claims debt capacity, and development capacity, for integrated evaluation.
    19th State-owned assets supervision and administration institutions shall set up state-owned assets property right trading system, collection, consolidation and analysis of State-owned assets property rights transaction information to determine Enterprise State-owned assets trader, in accordance with the statutory authority to determine or approve transfer of State-owned assets of enterprises, enterprises funded by property right transaction of State-owned assets supervision and inspection. Unless otherwise provided by the State, a transfer of property right of State-owned and State-holding enterprises must enter the property market, to conduct bidding. Transfer pricing assessment commissioned by the transferor of property assessment agencies, and reported to the State-owned assets supervision and administration institution for approval.
    Property right transfer of prior notice, notice time limit shall not be less than 20th. Article 20th budget system for state capital operations.
    Optimization of State-owned assets supervision and Administration Department shall, in accordance with the State-owned assets and protection of State-owned equity principles, prepare annual State-owned capital operation budget.
    Enterprise State-owned capital budgeting system, by the provincial State-owned assets supervision and administration, the provincial financial department.
    Fifth chapter of State-owned assets supervision and 21st on behalf of State-owned assets supervision and administration by the people's Governments at the corresponding level of the enterprises funded by the State-owned enterprises, State-owned company sent the Board of supervisors, proposed to the State-owned and State-owned holding company supervisor candidates.
    Posted by enterprises shall be subject to the supervision and inspection of the Supervisory Board, actual production, operation and management of assets of the enterprise.
    22nd article sent by the Board of supervisors of State-owned assets supervision and administration shall regularly to this level people's Governments or State-owned assets supervision and administration institutions accredited to the State-owned assets in the report the value and business leaders carry out their duties.
    Article 23rd according to state-owned assets supervision and administration needs, sent to large State-owned enterprises, State-owned company Finance Director, monitor financial situation and operational effectiveness.
    24th State asset management body is responsible for the management of corporate counsel, guidance, promote the establishment of enterprise's law consultant system.
    Corporate counsel responsible for legal services in management, administration and decision making of enterprises, assessing the legal risks of major matters to be submitted for approval, provide legal opinion letters, damage the lawful rights and interests of enterprises or legal rights of the investors to present recommendations. Legal Affairs offices of large State-owned and State-holding enterprises, with General Counsel.
    General Counsel for the senior executives, with overall responsibility for the corporate legal Affairs, involved in major decisions.
    25th State-owned and State-holding enterprises should establish a major legal dispute management system.
    On the enterprise's major legal dispute involving the interests of the investors should be since the date of the dispute in the 20th report of the State-owned assets supervision and administration, and results from the date of closing to state-owned assets supervision and administration bodies of the 10th record.
    26th State-owned and State-holding enterprises shall, in accordance with the relevant provisions, submit regularly to the State-owned assets supervision and administration of State-owned assets report. Sixth chapter legal liability article 27th and its State-owned assets supervision and administration staff, funded by enterprises and their head in violation of these regulations, in accordance with the Ordinance and the relevant laws and regulations.

    The seventh chapter by-laws article 28th of enterprise State-owned assets management institutions and County (county-level cities and districts) the enterprises funded by the State-owned assets supervision and administration by the people's Government, in accordance with the measures implemented.
                                    29th these measures shall come into force on February 1, 2006.

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