Key Benefits:
(The 27th ordinary meeting of the People's Government of Ankara, held on 18 October 2005, considered the adoption of Decree No. 185 of 9 November 2005 of the People's Government Order No. 185 of 9 November 2005 for publication, effective 1 December 2005) Chapter I General Article 1 aims to enhance the management of enterprise State assets and to achieve value added to the State's asset insurance values, based on the State Department's provisional regulations on the management of enterprise-owned assets, and to develop this approach in conjunction with the province's practice. Article 2 oversees the management of State-owned assets in State-owned and State-owned companies and State-owned companies, and applies this approach. Article 3. The enterprise State assets referred to in this approach refer to the rights created by the State in respect of various forms of investment and investment in enterprises and to all other rights and interests of the State as determined by law. Article 4 Specific businesses are identified, published by the current people's Government and reported to the top-level State asset monitoring management body. Article 5 Government of the Provincial People's Government and the Municipal Government of the Region have established the National Property Monitoring Authority, respectively. In municipalities where business State assets are relatively small, and with the approval of the Provincial People's Government, a national asset monitoring authority may not be established separately and supervised by the explicit responsibility of the people at this level. Article 6. The State asset monitoring authority is an ad hoc body, representing the Government of the people at this level, to carry out the responsibilities of the Fund, to oversee the management of the State-owned assets of the enterprise that are funded, with its specific functions determined by the Government of the people at this level. The provincial Government's State-owned asset monitoring authority provides guidance and supervision in accordance with the law on the management of State assets in the commune government. Article 7. The State-owned asset monitoring authority should support businesses to operate autonomously under the law and, in addition to the performance of their responsibilities, may not interfere with the production of businesses. Chapter II Article 8. The State Asset Supervision Authority is based on the relevant provisions to assume the holder of an enterprise that is exempted from the funds provided: (i) General Manager, Deputy General Manager, State-owned enterprises; (ii) Head of State-owned companies, Vice-Presidents, directors; (iii) To propose directors, heads of offices to be dispatched to the National Control Unit to recommend directors, deputy directors, heads of directors and heads of the Bureau; (iv) A director, a director and a director of a company of the National Participation Unit. The Government of the people of the province and the municipality of the commune are exempted from the appointment of the holder of the enterprise. Article 9. The National Asset Regulatory Authority has established an operational performance appraisal system for the executive heads of the enterprise that are well funded, which is linked to the conduct of an annual archaeological examination and the conduct of the conduct of the conduct of the conduct of the archaeological examination. The performance appraisal exercise for the head of the enterprise financed shall be subject to the following provisions: (i) The performance of the operation of the enterprise head of the enterprise financed under the law, in accordance with the requirements of the value added of the State's assets and the largestization and sustainable development of capital gains; (ii) The classification of the examination, in accordance with the different characteristics of the different industries, the different levels of the operation of the asset and the operation of the main battalion, which are actually required and publicly and impartially classified; (iii) In conjunction with incentives and binding mechanisms, the establishment of an archaeological system that combines the performance of the treasury business with the sensitisation mechanism and the establishment of a system of responsibility for the operation of sound assets, in accordance with the requirement of harmonization of the right to accountability. Article 10. The National Assurance Authority has established a scheme for the management of the emoluments of the treasured enterprise head, based on corporate law and related provisions, to determine the emoluments of the State-owned enterprises and the head of the State-owned company, and to propose to the State Control Unit the treasury unit the treasury scheme. The emoluments management of corporate heads should be guided by the following provisions: (i) Maintaining that compensation is consistent with risks, responsibilities and is linked to operational performance and promoting value added to national capital insurance; (ii) Maintaining a combination of short-term incentives and long-term incentives for sustainable enterprise development; (iii) To uphold the norms of behaviour that promote fair and transparent distribution of income, consistent with restraint; (iv) Maintain the priority of efficiency and equity; (v) Sustaining the reform of the pay system, in line with the relevant reforms, to promote marketization and normativeization of the income distribution of corporate heads. Chapter III Article 11. The following major matters shall be reported to the State's asset monitoring authority for approval: (i) The statute of the State-owned company; (ii) State-owned enterprises and State-owned companies' reorganization, equity rehabilitation programmes; (iii) The separation, consolidation, insolvency, disbandment, capitalization or issuance of corporate bonds by State-owned enterprises and State-owned companies; (iv) Transfer of State authority; (v) Other important matters set out by the Government of the people of the province and the city's Government. Significant matters for sub-enters established investing in enterprises are subject to approval by the National Asset Regulatory Authority, which is determined by the Board of Trustees. Article 12: The following major matters shall be subject to review by the State-owned asset monitoring body and shall be approved by the Government of the current rank: (i) The separation, consolidation, insolvency, dissolution and restructuring of important State-owned enterprises and State-owned companies; (ii) The transfer of all State-owned units by State-owned and State-owned units or the transfer of a part of the State's unit's authority makes the State no longer in possession of the control unit. The following major matters for the enterprises in China and the State Control Unit in Article 13 shall be reported to the State asset monitoring authority: (i) The hosting, contracting, lease, sale or replacement of assets with natural persons, legal persons or other organizations that exceed the limits set by the State asset monitoring authority; (ii) Provision of non-reciprocity guarantees to natural persons, legal persons or other organizations other than this enterprise; (iii) A major security production accident; (iv) Cases of major legal disputes; (v) Other matters provided by the Government of the people of the province and the city's Government. Article 14. The shareholders of the National Assets Control Unit, the shareholders of the National Corporation, the Board decided that the company's subsidiaries, mergers, insolvency, disbandment, additional capitalization, issuance of corporate bonds, duty-holders and enterprise-holders' pay programmes should be reported to the National Asset Supervision Authority prior to the submission of a written report to the State-owned asset monitoring body on matters such as the direction of the State asset monitoring authority, the exercise of the right to vote and the reporting of its assets to the State-owned property monitoring authority within five working days of the closure of the board. In accordance with the relevant provisions, the National Assurance Authority organizes the coordination of the sole-source business in China, the formation and insolvency of State-owned companies, and works in collaboration with the relevant sectors for the placement of business workers. Chapter IV Article 16 defines the property rights of the enterprise State's assets by the State-owned asset monitoring body and handles the possession, change and write-off of property rights in the State of the enterprise. Corporate property rights disputes between enterprises financed by the National Asset Monitoring Authority. Article 17 Businesss with State assets engaged in asset transactions, changes in authority, etc. relating to the rights and interests of State-owned assets, should be commissioned to carry out asset assessment assessments by the appropriate quality asset assessment bodies. The National Asset Assessment Project is in compliance with the relevant provisions. Article 18 State asset monitoring authorities are responsible for the organization, guidance and supervision of the inventory of the State and the enterprise of the State Control Unit and for the determination of the spillover of assets. Article 19 Article 20: Organization of the National Asset Regulatory Authority responsible for the implementation and supervision of enterprise State-owned asset statistics reports, collection, clearance, summary of enterprise State-owned asset statistics reports, reporting to the Government of the people at this level on the operation of corporate State assets. State-owned enterprises, State-owned companies, which are funded, should report on a regular basis to national asset monitoring authorities on the financial situation, the status of production operations and the value added of State assets. Article 21, the State asset monitoring authority should establish and improve the oversight management system for corporate asset property transactions, enhance the oversight management of enterprise-owned asset property transactions and promote the sound flow of corporate State assets. Chapter V Article 22 states that the National Asset Regulatory Authority, on behalf of the Government of the people at this level, sends a directory to the State-owned enterprises in the funded enterprises. State-owned enterprises, State-owned companies' offices are governed by the provisions of the provisional regulations of the National Enterprise Office, the Provisional Provisions of the State Enterprise of the Gulf Province of Angué Province, and the value added of the State's assets invested enterprises, and are submitted to the State asset monitoring authority for the inspection. Article 23 enterprises that are stationed should be synchronized with the work of the CPA, such as reporting significant matters to the WC and regular reporting of financial accounting reports. It should be communicated to the members of the Board of Trustees and to important meetings such as the development of enterprise reform, annual financial precision, significant property changes and key personnel adjustments. Article 24 Article 25 State-owned and State-owned companies should strengthen internal oversight and risk control, sound science-policy mechanisms, sound financial, audit, corporate legal advisers and workers' democratic oversight. Article 26 State asset monitoring authorities are responsible for guiding the establishment of the enterprise legal counsel system, which assumes the management of the business legal counsel industry in accordance with the relevant provisions. Article 27 should establish a system of accountability for major decision-making errors in favour of enterprises in China funded by the State Control Unit, with a view to clarifying their responsibilities for loss of corporate State assets due to inappropriate decision-making. Chapter VI Legal responsibility Article 28 provides that the State asset monitoring authority does not act as a holder of a specified exemption or as a head of the enterprise recommended to be exempted from the funds provided or violates its legitimate rights and interests, resulting in loss of the enterprise State's assets or other grave consequences, and gives administrative disposition to the competent and other direct responsibilities directly responsible personnel, in accordance with the law; constitutes an offence, and criminal responsibility under the law. Article 29 provides that State-owned enterprises, State-owned companies are not reported in accordance with the prescribed financial situation, the production status of operations and the value added of State asset insurance; in the case of serious circumstances, the State asset monitoring authority shall be warned; and, in accordance with the law, disciplinary action shall be taken against the competent and other persons directly responsible. Article 33 Abuse of authority, negligence by the Head of State and State Control Unit enterprises, resulting in the loss of State-owned assets of the enterprise, shall be liable and subject to disciplinary action; and constitute a crime and be held criminally by law. Article 31 is responsible for the loss of State-owned assets by the State and the head of the enterprise of the National Control Unit that has been disposed of for more than Disciplinaryly, and does not serve as the head of any state-owned and State-owned enterprise within five years; causes significant loss of the enterprise State's assets or sentenced to the sentence, and shall not serve as the head of the enterprise of the State and the State Control Unit. Chapter VII Article 32 provides for the form of the organization, the organization, the rights and obligations of the enterprise, in accordance with the relevant provisions of the People's Republic of China Companies Act. Article 33 provides for implementation by grass-roots organizations of the Communist Party of China, trade union organizations in accordance with the provisions of the Constitution of the Communist Party of China, the Trade Union Act of the People's Republic of China. Article 344 of the Government of the Provincial People's State Authority for the Supervision of State Assets, and the Government of the urban population in the area of the establishment may develop implementation methods in accordance with this approach. Article 35 of this approach is implemented effective 1 December 2005. This approach is implemented in accordance with the provisions of this approach by the former province relating to the management of State-owned assets. |
