Key Benefits:
(Act No. 121 of 9 December 2005 of the People's Government of Japan stream, which came into force on 1 February 2006) Chapter I General Article 1 promotes the sound flow of corporate State assets, prevents the loss of State assets and protects the legitimate rights and interests of workers, in line with the relevant laws, regulations and regulations. Article 2 refers to the State ownership rights of the enterprise as defined by the present approach, which refers to the rights of the State in respect of the various investments made by enterprises of the State and the State Control Unit, as well as to the full rights and interests of the State in accordance with the law. This approach refers to the fact that corporate management is the head of the enterprise owned, directly or indirectly, by the indicators and the mark, as well as other members of the leadership. Article 3. This city holds a unit of State capital in the stream city (hereinafter referred to as a transferee) and transfers corporate property rights to a foreign legal entity, natural or other organization (hereinafter referred to as a licensor). The law, legislation and regulations regulate the right to exploration for mineral resources, the right to exploitation, the right to land use, the transfer of State units in the municipality, the transfer of State property in the financial category and the transfer of corporate management and related entities to the mark. Article IV regulates the supervision of the State-owned asset monitoring authority responsible for the transfer of corporate property rights and coordinates related matters in the management of corporate property transfers. Article 5 (i) Compliance with national laws, regulations and regulations; (ii) In line with the needs of national and local industrial restructuring, which facilitates local economic development, the strategic alignment of national economic offices and structures, the promotion of national ownership market pricing processes and the optimization of State capital; (iii) To uphold the principles of openness, equity and justice, to achieve adequate market pricing, to prevent loss of State assets and to refrain from violating the legitimate interests of States and other parties; (iv) To properly house workers, promote re-employment and maintain social stability. The following State property rights are prohibited from the transfer: (i) State provisions prohibiting transfers; (ii) The existence of property rights disputes or property rights relations, which have not been defined; (iii) No transfer or transfer may be made within the time frame of the legally contractual agreement; (iv) People's courts, competent arbitration bodies and administrative law enforcement authorities inform the freezing; (v) There are other inappropriate transfers. The transfer of corporate property with security rights should be consistent with the relevant provisions of the People's Republic of China Security Act. Article 7. Unauthorized, the operators and management of the mark may not transfer State property on any grounds and in any way. The transfer of corporate property rights must be carried out in public by a property transaction body established by the National Asset Regulatory Authority in the city, free of regional, industrial, financial or affiliation. National legislation, legislation and regulations provide for their provisions. Article 8. The transfer of corporate State property results in the non-ownership of the controlled unit, which should be addressed in accordance with the relevant policy provisions, in order to resolve the pay of the marked enterprise's unpaid workers, the social insurance premiums owed and other related costs, as well as the continuing work of the business worker's social security relations. Article 9. The following matters relating to the transfer of corporate property shall be communicated to the main office space of the mark, seven working days by the organization of trade unions at the district level (hereinafter referred to as trade union organizations) for monitoring and documentation: (i) Procedural cases of national property transfers (hereinafter referred to as pre-emptions) and consideration, decision-making and approval; (ii) Enterprise stocktaking, financial audit, labour claims audit, business departure audit, asset assessment and clearance, approval, documentation; (iii) The State-owned property transfer programme approved by the designated sector under article 15 of this approach (hereinafter referred to as the transfer programme) and the employment resettlement programme (hereinafter referred to as resettlement programmes); (iv) Labour claims recognized by the designated sectors under article 28 of the scheme; (v) Other indicative matters required by the legal, regulatory, regulatory and related sectors. Article 10. The net proceeds from the transfer of corporate State property are all vested in the municipal financial sector. Chapter II Transfer procedures Article 11. The transfer of corporate property shall be formulated in accordance with the following provisions: (i) Established by a marked enterprise; (ii) Designating social intermediaries; (iii) The subject of ownership by the enterprise State. Transfers to management or related entities are carried out in accordance with paragraphs 2 and 3 above. The case should include the basic business situation, property transfer and other related matters. Article 12 The advance case shall be considered in accordance with the following provisions and form a decision-making document: (i) State-owned enterprises for consideration by the General Manager; (ii) State-owned companies for consideration by the Board; (iii) The National Control Unit and the State Participating Unit, which are considered in accordance with the provisions of the Companies Act; (iv) The legitimate rights and interests of the worker are considered by the General Assembly of Employers (hereinafter referred to as chairs) or by the Staff Union. The transferee shall, after consideration by the enterprise within the enterprise, request approval by the State-owned asset monitoring body and submit the following documents: (i) The enterprise decision-making documents of the mark; (ii) The transferor's decision-making documents; (iii) Pretrial; (iv) Other documents requested by the State-owned asset monitoring authority in the city. Article 14. Upon approval of the advance case, the transferee of the National Asset Regulatory Authority of the City carries out the following procedures: (i) The public selection of social intermediaries with corresponding qualifications (hereinafter referred to as intermediary). Audit and assessment operations shall not be carried out by the same intermediary. (ii) Exclusive nuclear financing for the marked enterprise. The loss of assets is to be reviewed and determined by the State-owned asset monitoring body of the city, which concerns the benefits of the enterprise and should be consulted in advance by the competent financial sector. (iii) An audit of the financial, labour claims of the mark's enterprise and audit reports. (iv) An assessment of the mark's corporate assets, including intangible assets, and approval or submission. (v) The transfer of corporate national property rights led to the non-representation of the transferee of the Prosecution Unit, which was carried out by the auditor's statutory representative of the mark (concluding the audit of economic responsibility) and issued audit reports. Article 15 Transfer programmes and resettlement programmes are developed in accordance with article 11 of this approach. Of these, the transfer programme shall be reported to the approval of the State-owned asset monitoring authority in the city; the resettlement programme shall be submitted to the executive branch of the municipal labour and social security and obtain the corresponding approval documents, respectively. The transfer programme should contain the underlying circumstances of the mark, the extent of the mark, the notice of the transfer, the conditionality, etc.; the placement programme should include the basic situation of the marked enterprise worker, the scope of the settlement, labour claims, resettlement schemes and other matters relating to the legitimate rights and interests of the worker. Article 16 businesses that mark should be held in accordance with the law of the General Assembly of Deputies or Employees, to consider the transfer programmes approved by the National Asset Regulatory Authority of the city, and to consider resettlement programmes approved through the municipal labour and social security administration. The General Assembly of Deputies or Employees should be invited to participate. The legitimacy of the General Assembly and related matters should be organized by trade unions for approval documents. Article 17 The transferee shall make a notice of the transfer of corporate property in accordance with the transfer programme and the resettlement programme (hereinafter referred to as a single notice), with the approval of the municipal State-owned asset monitoring body, entrust the property transaction agency with the required channels and time. The period of publication is 20 working days and is calculated from the date of publication of information in the press. The announcement should include the following: (i) The underlying business situation of the mark; (ii) The composition of the enterprise property rights mark; (iii) In-house decision-making and approval of enterprise State property transfers; (iv) Data on key financial indicators for enterprises that have recently been audited; (v) Approval or status of the enterprise asset assessment of the mark; (vi) The basic conditions to be met by the competent party; (vii) Other matters to be published. The notice shall not reflect a clear reference and a violation of fair competition and legal regulations. Article 18, when recruiting the licensee, the transferee shall make the necessary conditionalities for the qualifications, commercial credibility, operation, financial situation, management capacity, asset size. The parties should generally have the following conditions: (i) A good financial situation and capacity to pay; (ii) A good commercial credit; (iii) A person who is a natural person shall have a full civil capacity to act; (iv) National legislation, other conditions provided for in the legislation and the conditions for the development of enterprises themselves. Article 19 Upon publication, the expression of interest to be collected shall be governed by the following provisions: (i) Registration by a property transaction agency, which shall not pre-registrate the number of registrations or, under any pretext, reject and exclude the licensee of the intention; (ii) To review the qualifications of the licensor, to determine the number of parties eligible for interest, and to receive the qualification review documents, in accordance with the conditions approved by the ESCO; (iii) The property transaction body shall record the assessment of the qualifications of the owner of the intention and keep the information of the author's registration, eligibility review and other information on the basis of the property transaction. Article 20 (i) The public solicitation generates more than two dispersed, the auction or the manner in which tenders are made; (ii) Publicization only produces a licensor and, with the approval of the municipal State-owned asset monitoring authority, the manner in which an agreement is transferred; (iii) Other modalities provided for in national legislation, legislation and regulations. Article 21 transfers of corporate property rights, the floor price or the price of the discount unit, submitted by the transferor, and the decision of the municipal State asset monitoring body. The following factors should be considered: (i) The results of the asset assessment; (ii) Market supply and demand; (iii) Prices of the same asset market; (iv) Costs for the placement of workers; (v) Other factors to be considered. In addition to the provisions of the State, the transfer of corporate property rights shall not be carried out before the transfer takes place. When the transaction price is less than 90 per cent of the transfer base or assessment results, the transaction should be suspended and the market-owned asset monitoring authority may continue. The second paragraph should be paid once. The amount is larger, and the amount should be provided with legal guarantees and should be paid at the same rate as for the transferee for a period of up to one year, in accordance with the interest rate of the bank loans. Article 23. The transferee shall entrust the lawyer with the contract for the transfer of State property by the State of the enterprise (hereinafter referred to as the transfer contract), which may be signed with the licensee upon approval by the municipal asset monitoring authority. The transfer contract shall include the following main elements: (i) Transfer with the name and residence of the parties; (ii) The underlying situation of corporate State property rights in the mark; (iii) Business-related resettlement programmes; (iv) Claims and debt-processing programmes involving the mark's enterprises; (v) Modalities of transfers, price transfers, time and manner of payment and payment conditions; (vi) Removal of property; (vii) The transfer of the related tax burden; (viii) The manner in which the contract dispute is resolved; (ix) The breach of responsibility of the parties to the contract; (x) Contract changes and conditions for dismissal; (xi) Transfer and other provisions considered necessary by both parties. Article 24 shall be approved in accordance with the following provisions: (i) The transfer of State property in the city, which is subject to approval by the municipal State-owned asset monitoring authority, and the approval of the municipality's Government, as well as the provision of the State, province and other provisions. (ii) Transfers related to financial, labour guarantees, land, planning and public management matters, which are jointly reviewed and approved by the municipal State asset monitoring bodies with the relevant sectors. (iii) Approval of the transfer of corporate property, and the following written documents should be reviewed: Documents relating to the transfer of corporate property; Transfer programmes and resettlement programmes; The transferee and the transfer of the mark's enterprise State asset title registration certificate and the enterprise property annual inspection form; Legal opinions from lawyers; The basic conditions that should be met by the parties; Other documents requested by the approving body. Major enterprise State property transfers, the municipal asset monitoring authority should be able to conduct a sound and in-depth analysis of evidence meetings with relevant sectors and trade union organizations, such as labour guarantees, finance, auditing, etc., as well as to form a written argument; and, if necessary, to introduce expert advice, review and review mechanisms or hold hearings. The transfer contract came into force with approval. Article 25 After the approval or decision of the State-owned property transfer, such as the transfer and adjustment of the share of the transfer of property by both parties or changes in the enterprise's national property transfer programme, reproduces in accordance with the procedures set out in this approach. Article 26 After the approval of the enterprise State property transfer, the transferee or the licensee shall be subject to relevant clearances, approvals and other relevant documents from the municipal asset control authority or the municipality's Government, and obtain a certificate of property transactions in the property transaction agency. Chapter III Labour claims Article 27 shall be registered in accordance with the following provisions: (i) In arrears in wages. Employers provide regular work, and businesses are unable to pay paid wages in a timely manner for reasons such as the difficulty of producing business, and are registered under labour contract agreements or by enterprises in the payment of salary bills. (ii) In arrears in the cost of living. During the employee's induction period, under the relevant provisions of the State and the agreement or commitment of both the enterprise and the employee, the cost of living that has not been paid shall be registered at the level of agreement or commitment between the business and the worker. (iii) In arrears in the collection of funds. Enterprises are raised to workers for reasons such as production operations, which should be returned to unsubsidized funds for workers (excluding funds from the Unit) and registered on the basis of the original voucher and financial accounts of the enterprise worker pool. (iv) Receiving medical fees. The standard of medical reimbursement or subsidies established by the Government in accordance with the relevant provisions of the Government shall be subject to reimbursement for non-reimbursable or subsidized costs, which are registered in accordance with the designation of medical institutions' medical bills or enterprise subsidies criteria. (v) Receiving heating. According to the relevant provisions, enterprises are subject to the criteria for the heating of the area of the worker's home and shall be subject to the payment of a heating fee by the employer for the purpose of registration by the certification of the heating unit. (vi) In arrears in social insurance. The enterprise determined by the Commission's contribution factory shall be registered as a result of the assessment of the nuclear test in the contributory sector by social insurance contributions by the unpaid contributions of the enterprise for the benefit of the employee and the social insurance premiums such as unemployment, medical care. (vii) In arrears in the payment of the treasury. In accordance with the prescribed housing payment criteria, unpaid payments by the enterprise and unpaid contributions by the enterprise for the benefit of the employee, are registered as a result of the inspection of the area collected by the housing pool. (viii) Other debt arrears. The costs incurred by the enterprise to pay to the worker and to the person concerned, such as retirement, shall be registered in accordance with the relevant provisions. (ix) Other labour claims protected by law, regulations. Article 28 should be confirmed in accordance with the following procedures: (i) A worker's declaration, a mark's business registration and is recorded in the Labour Claims Table; (ii) A review by a transferee and a review document; (iii) Audit by an intermediary and audit reports; (iv) Confirmation by labour guarantees, finance, auditing and municipal State-owned asset monitoring authorities. Article 29 Labour claims should be reimbursed in accordance with the provisions of the resettlement programme adopted by the Joinary or Staff General Assembly for consideration, and the period of payment shall normally not exceed three years. Article 33: The following procedures shall be followed: (i) The debtor (or the transferee) and the creditors commissioned by the whole of the labour creditor sign a labour claim reimbursement agreement; (ii) A mortgage on the debtor's effective assets and a mortgage contract was signed between the debtor and the representative of the labour creditor and a registration of his rights under the law; (iii) The value of the collateral is less than the debtor's secured claim, and the licensor enters into a guarantee contract with the labour creditor representatives to share responsibility for the debtor's security claims; (iv) Mortgage of movable movable movable movable movable property, such as vehicles, equipment, must be processed by the licensor. The author was unable to perform in accordance with the Labour Claims Reimbursement Agreement, and the representative of the labour creditor could, in accordance with the law auction, sell the encumbered asset of the debtor or require the licensor to assume responsibility, the proceeds were granted to the creditor upon deposit by the public evidence authority. All the costs required for the above-mentioned matter are borne by the debtor. Article 31 states that are registered with mortgage or quality are as follows: (i) The Land Resources Authority of the stream city, which is mortgaged by land assets; (ii) A mortgage on housing assets for the stream city home; (iii) Mortgage of equipment assets for the Industrial and Business Administration of the stream; (iv) The Public Security Service of the stream city, which is mortgaged by vehicle assets; (v) Detention of assets in a unitary manner as a property transaction centre for the stream; Other property guarantees are implemented in accordance with the relevant provisions of the law, legislation and regulations. Article 32 Unliquidated labour claims are administered with the debtor's assets in accordance with the following provisions: (i) The disposition or security of assets shall be subject to the consideration by the plenary of the working creditor of implementation by the latter; (ii) Removal of income or mortgages for assets shall be used first to repay labour claims; (iii) The disposition or security of the debtor's assets and the failure to obtain a written document of the State-owned asset monitoring authority in the city shall not be subject to such procedures as the transfer, transfer, modification or registration of his rights to the property; (iv) Other conservation measures provided by law, regulations. Article 13. Labour claims are paid in accordance with the following provisions: (i) Receiving social insurance, the payment of a lump sum for the worker's housing, in principle, directly to the collection sector in the form of bank cheques or cheques; (ii) The amount owed does not require uniform payments, which may be chosen to pay directly to the worker in the form of bank deposits, discounts, savings cards; payments should be made to trade union organizations, the audit sector, the labour security sector supervision, and also to invite the mark's corporate employee representatives (including the departure of retirees) to oversee, prohibit any unit or individual from intercepting, misappropriation and distributing labour claims to the employee in any form. Chapter IV Legal responsibility In the course of the transfer of corporate national property rights, the transferee, the enterprise and the licensee have one of the following acts: the State asset monitoring authority or the relevant State-owned property transfer agency should request the transferor to terminate the transfer of property and, if necessary, to bring proceedings before the People's Court to confirm the invalidity of the transfer. (i) No transaction in the property transaction bodies, as specified in the relevant provisions of this approach; (ii) The transferee, the enterprise that assigns the mark does not perform the corresponding internal decision-making process, the approval process or beyond the authority, the unauthorized transfer of corporate State property; (iii) The transferor, the company that assigns the mark should deliberately conceal assets that should be covered in the scope of the assessment or provide false accounting information to the intermediary agencies, leading to audit, assessment of the actuality of the results and the loss of State assets without audit, assessment; (iv) The transfer of State property by the transferor with the concessionary, resulting in loss of State assets; (v) The transferee, the company that assigns the mark is not properly placed in the workforce, the continuing social insurance relations, the handling of the arrears of the employee's obligations and the social insurance contributions that have not been paid, against the legitimate rights and interests of the worker; (vi) The transferor's failure to meet the obligations of the transferee, the unlawful transfer of claims or the responsibility to avoid the liquidation of the debt; the transfer of property rights in the country without the consent of the security right in accordance with the State's property rights; (vii) The choice of the transferee and the contract for the transfer of property, by means of fraud, concealment; (viii) Accompanied by the author in the transfer of property rights, the malicious collation of prices in the auction, resulting in loss of State assets. (a) A person who is directly responsible for the transfer of a mark, and a transferee and other direct responsible person, shall be warned by the State asset supervision authority or the relevant enterprise in accordance with the terms of personnel management, in the event of serious disciplinary action, resulting in loss of State assets; Article XV of the Social Intermediation Agency's audit, assessment and legal services in relation to the transfer of corporate State property are not subject to the authority of the State asset supervision to inform its industrial authorities of the consequential penalties; in the case of serious circumstances, the enterprise may not be required to entrust it with the relevant business of the transfer of corporate State property. Article XVI deals with property rights in the corporate State property transaction with a false or absorption of work that undermines the interests of the State or the legitimate interests of the parties in the transaction. The State asset monitoring authority will no longer choose its related business in the enterprise State property transaction. Article 337, in violation of this approach by the State-owned property transfer body and its associated personnel, unauthorizedly authorized or licensed in the approval process, resulting in the loss of State assets, disciplinary action by the relevant authorities in accordance with the authority of the Ministry of Mini; and criminal accountability by law to the judiciary. Chapter V The transfer of corporate property belonging to the Government of the Thirty-eight (zone) is carried out in the light of this approach. Article 39 transfers of State property by organs, utilities, associations, etc. in this city, as well as changes in State-owned enterprises, the extension of State-owned enterprises and insolvency-related matters, taking into account this approach. Article 40 |
