Key Benefits:
(Adopted at the 35th ordinary meeting of the People's Government of Southern Province on 21 May 2004 No. 177 of 10 June 2004 by the People's Government Order No. 177 of 10 June 2004 (Act of 1 July 2004) Article 1, in order to regulate the transfer of corporate property, strengthen the supervision of corporate property transactions, accelerate the rational flow and optimization of State assets, promote State-owned enterprise reform and State economic restructuring, prevent loss of State assets and establish this provision in accordance with the relevant provisions of the State and the province. Article 2 Article 3 Article IV, in addition to the provisions of the law, legislation and regulations, transfers of State property in the province shall be made publicly in the property transaction bodies selected by the State's office. Specific approaches are carried out in accordance with the National Property Exchange Management Scheme in the Province of Sea. Article 5 (i) The transfer of State property based on the need for business development and conversion should be conducted in a feasibility study and, after consideration of internal decision-making processes, the application of an application to the national institution. (ii) The transfer of corporate national property rights is proposed by the State-owned agency or by the Government of the people at this level, in accordance with the needs of the enterprise transformation and economic restructuring, to be carried out by the State-owned agency in a feasibility study and to fully listen to business opinions, or to inform the Government of the current people of the decision and the implementation of the enterprise. (iii) Natural persons, legal persons or other organizations are interested in the ownership of corporate property, which may be submitted to the enterprise and in accordance with the provisions of subparagraph (i) of this article; or may also be submitted to the national institution and in accordance with subparagraph (ii) of this article. Article 6 Article 7. State property transfers of non-consortium enterprises, which are approved or submitted by a State-owned agency, serve as a reference basis for determining the price of transfers. The transfer of State-owned units in a shared venture is based on a reference basis for determining the price of a transfer according to the value of the market approach. In the course of the transaction, when the price of the transaction is less than 90 per cent of the reference basis, it should be suspended and reported to the national institution, which may be continued with the consent of the State's institution. The State and the province also provide for its provisions. Article 8. State institutions should be employed as an investment adviser to advise, validate and financial consultants on property transfers. Article 9. The transfer of corporate property by the Government of the Provincial People to perform the responsibilities of the treasury is approved by the provincial State-owned institutions. However, one of the following cases has been approved by the Government of the People of the province following a review by the State of the province. (i) Assess the approval of transfers of State property valued at over 3,000 dollars; (ii) The result of the assessment of the approval of the overall transfer of property rights by a State-owned enterprise with more than 10,000 dollars of gross assets; (iii) The provincial government specifically requires the transfer of corporate property. The approval authority of the commune government for the transfer of corporate property for the benefit of the treasury is determined by the Government of the communes and reported to the State's institutions. The transfer of corporate property rights relates to public management clearance matters in the Government and is subject to prior government approval. Article 10 State-owned institutions may propose the necessary conditions for the transfer of corporate property rights, in accordance with the needs of State-owned enterprise reform restructuring and State-owned economic restructuring. Article 11. The State-owned property transfer matter shall be communicated to the enterprise worker in a timely manner, upon approval or decision. Article 12. After the transfer of corporate State property rights, the transfer of property rights by the property transaction agency to both parties is a confirmation. An enterprise State property transfer without the approval or decision of the State-owned agency and the transfer of property rights from the property transaction body to the confirmation, shall not be the relevant procedure for the transfer. Article 13. Business that continues to be produced after the transfer of property rights, is implemented in accordance with the preferential policies of the State and the province with regard to the restructuring of State-owned enterprises. Article 14. The transfer of property rights to dispose of non-productive State assets, which are authorized by the State's institution by other State-owned enterprises or by the host party, may also be retained in the enterprise by the licensee. Article 15. State-owned enterprises and State-owned companies shall transfer assets that are not reimbursable for restructuring and operating development needs, sale of non-universal assets, asset replacement, debt restructuring, external investment in non-monetary assets (or discounted value units), provision of security, commissioning, renting, etc. assets disposal, taking into account the approval procedures set out in this article. In accordance with the following circumstances: (i) The disposition of a non-universal single asset (other than land-use rights) with no more than 500,000 yen, by an enterprise-owned decision to report on the state-of-charge institution; (ii) The same authorized asset operators or the internal assets of the investment subject, the large enterprise and the enterprise group are transferred to account for not more than 1 million dollars, which may be approved by the authorized enterprise for self-approved approval and submitted to the State's funds agency; (iii) An assessment of the sale, replacement, external investment in non-monetary assets, a discounted or debt restructuring value of assets valued at over 3,000 million dollars, with the approval and submission of views on disposal by the provincial treasury; (iv) Enterprises are required to provide asset security for the current enterprise's debt, which is more than 10,000 dollars, subject to approval by the provincial treasury body and advice on disposal; (v) Enterprises may not, in principle, provide security on an external basis and, in exceptional cases, require external security, subject to approval by the provincial State's treasury body and advice on disposal; (vi) In addition to subparagraphs (i) to (v) above, the approval of the State-owned institutions is carried out. The exclusive State-owned enterprises and State-owned companies that carry out the responsibilities of the occupants of the communes are determined by the Government of the communes to report on the state-of-charge institution. Article 16 deals with the transfer of corporate property by both parties, property trading agencies, social intermediaries, in violation of this provision, in accordance with the relevant provisions of the State and the province. Article 17 The specific application of this provision is explained by the delegation of authority. Article 19 |
