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

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

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(October 21, 2004, Hebei provincial people's Government at the 33rd Executive meeting on October 27, 2004, Hebei provincial people's Government [2004] the 6th release as of December 1, 2004) Chapter I General provisions article under the interim regulations on State-owned assets supervision and administration of the State Council and the relevant laws and regulations, combined with the facts of the province, these measures are formulated.
    Second mainland Chinese State-owned and State-holding enterprises, State-owned shares in State-owned assets supervision and management, application of this approach.
    Article Enterprise State-owned assets in these measures refers to national enterprises of various forms of investment and investment by the formation of interest, and all other legally recognized as national interests.
    Article fourth Enterprise State-owned assets are owned by the State.
    The province implemented the provincial governments and district municipal people's Government on behalf of the State to fulfil the responsibilities of investor, enjoying owner's equity, unity of rights, obligations and responsibilities and administering assets and management, personnel and the combination of State-owned assets supervision and management system. Article fifth provincial and district municipal people's Government set up the State-owned assets supervision and administration.
    State-owned assets supervision and administration institution under the authority of the people's Governments at the corresponding level, on behalf of the people's Governments shall perform the investor's duties, the enterprise State-owned assets supervision and administration in accordance with law.
    The County (city, district) people's Government not to set up state-owned assets supervision and administration bodies, municipal State-owned assets supervision and administration of the district and County (city, district) people's Government needed to determine that the Organization of the enterprise State-owned assets management.
    Sixth provincial districts authorized State-owned assets supervision and administration of the municipal bodies to carry out the responsibilities of investor enterprises, collectively-funded enterprises.
    Enterprises funded by the provincial State-owned assets supervision and administration bodies, determined by the provincial people's Government, published and reported to the State-owned assets supervision and Administration Department for record; districts funded by the municipal State-owned assets supervision and administration of enterprises, determined by the municipal districts and promulgated and submitted to the provincial State-owned assets supervision and Administration Department for record.
    Article seventh-funded enterprise shall enjoy management autonomy, on the management of State-owned assets in enterprises bear the value of responsibility.
    Article eighth State-owned assets supervision and Administration does not exercise public management function of the Government, 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 the enterprises funded by the normal production and operation activities, shall not be an offence charged shall not increase the burden on enterprises.
    Nineth chapter of State-owned assets supervision and administration of State-owned assets supervision and administration institutions is representative of the people's Governments at the corresponding level in fulfilling the responsibilities of investor, is responsible for the supervision and management of State-owned assets of enterprises directly under the ad hoc bodies.
    Superior State-owned assets supervision and administration institutions in accordance with the lower level people's Governments under the State-owned assets supervision and administration guidance and supervision.
    Tenth Article State-owned assets supervision management institutions of main duties: (a) law on by funded enterprise perform funded people duties, maintenance owner interests; (ii) in accordance with about provides to by funded enterprise sent Board of supervisors or prison thing; (three) in accordance with statutory program on by funded enterprise of enterprise head for appointment, and assessment, and according to assessment results on its for rewards and punishments; (four) on by funded enterprise of State-owned assets returns for assessment and organization collection, by requirements prepared again input budget recommends plans;
    (Five) law on by funded enterprise of major matters for audit; (six) Guide, and supervision by funded enterprise of counsel system construction; (seven) guide State-owned and the State-owned holding enterprise of reform and restructuring; (eight) law supervision Enterprise State-owned assets of property trading activities; (nine) established and perfect enterprise State-owned assets hedge value-added index system, through statistics, and audit, way on Enterprise State-owned assets of hedge value-added situation for regulatory; (10) this level Government provides of other duties.
    11th article State-owned assets supervision management institutions of main obligations: (a) exploration effective of enterprise State-owned assets business system and way, strengthening Enterprise State-owned assets supervision management work, prevent State-owned assets loss, urged Enterprise achieved State-owned assets hedge value-added; (ii) advance State-owned assets reasonable flow and optimization configuration, promoted State-owned economic layout and structure of adjustment, improve State-owned economic of overall quality and competitiveness; (three) promoted established belonging clear, and responsibilities clear, and protection strictly, and circulation smooth of modern property system;
    (Four) Guide and promote State-owned and the State-owned holding enterprise established modern enterprise system, perfect corporate governance structure, advance management modern; (five) respect, and maintenance State-owned and the State-owned holding enterprise of business autonomy, law maintenance enterprise of lawful rights and interests of, promote enterprise law business management; (six) Guide and coordination solution State-owned and the State-owned holding enterprise in reform, and development in the of difficult and problem; (seven) this level Government provides of other obligations.
    12th State-owned assets management institutions should be required to report the people's Governments at the corresponding level of State-owned assets supervision and administration, preservation and appreciation of State-owned assets, and other major issues. Third chapter by funded enterprise head management 13th article State-owned assets supervision management institutions in accordance with about provides, appointment or recommends appointment by funded enterprise of head: (a) appointment State-owned owned enterprise of General Manager, and Deputy General Manager, and Chief Accountant and the other enterprise head; (ii) appointment State-owned owned company of Chairman, and Deputy Chairman, and Director, and to Board proposed General Manager, and Deputy General Manager, and Chief Accountant, of appointment recommends; (three) in accordance with company articles, proposed to state-owned holding company sent of Director, and prison thing candidates
    Recommended State-owned holding company Chairman, Vice Chairman and Chairman of the Supervisory Board, and presented to the Board of Directors, General Manager, Deputy General Manager and Chief Accountant of candidate recommendation; (iv) in accordance with the articles of incorporation, presented dispatched to state-owned holding company directors and supervisors of candidates.
    Provincial and district municipal people's Government on the heads of the enterprises funded by the appointment and assessment provide otherwise, according to regulations.
    14th state-owned asset supervision and Administration Department shall establish a sound modern enterprise system requires the selection of Heads of enterprises, and in accordance with the conditions and procedures for the selection and appointment of the enterprises funded by the owner.
    15th state-owned assets supervision and administration in accordance with need, to the public in selecting the enterprises funded by the State-owned enterprises, senior executives of State-owned companies.
    16th State-owned asset supervision and Administration Department shall, in accordance with the annual appraisal term examination, examination results and cash rewards with a combination of principles, establish and perfect the enterprises funded by the head of the performance appraisal system, signed with the appointment of Heads of enterprises annual results responsibility and responsibility term business performance, operating targets for evaluation, and reward for heads of enterprises according to the assessment results.
    17th head of the State-owned assets supervision and Administration Department shall establish a sound enterprise incentive and restraint mechanism in the development of the enterprises funded by the State-owned enterprises, State-owned enterprises salary allocation.
    Fourth chapter by funded enterprise major matters management 18th article by funded enterprise of following major matters should reported State-owned assets supervision management institutions audit approved: (a) State-owned owned company of articles; (ii) State-owned owned enterprise and State-owned owned company of restructuring, and joint-stock transformation programme; (three) State-owned owned enterprise and State-owned owned company of Division, and merged, and bankruptcy, and dissolved, and increases or decreases capital or issued company bonds; (four) State-owned and the State-owned holding enterprise of major voted financing plans; (five) State-owned equity transfer;
    (Six) in increased funding spread unit in the all or part gave up state-owned unit recognize equity; (seven) in listed company rights issue in the all, and part gave up state-owned unit rights issue right or used SEO stock, and directed absorb other non-State-owned capital investment shares, way, led to state-owned unit proportion declined; (eight) State-owned owned enterprise and State-owned owned company disposal major tangible assets or intangible assets; (nine) State-owned and the State-owned holding enterprise of wage distribution total; (10) Province Government and set district of City Government provides of other major matters.
    Enterprises funded by investment in the important matters of the child, in accordance with the relevant provisions of the State and the province for approval. 19th approved the State-owned assets supervision and administration of enterprises funded by major matters, shall, upon receiving the enterprises funded by the date of submission of all the information within 20 working days, decide whether or not to approve. Due to exceptional circumstances cannot be a decision, approved by the heads of State-owned assets supervision and administration institutions, can be extended by 10 working days.
    Fails to make a decision is deemed approved.
    20th of the enterprises funded by the following major issues should be addressed by the State-owned assets supervision and administration for review, reported that the people's Governments at the corresponding level for approval: (a) the important State-owned enterprises and State-owned companies on the Division, merger, bankruptcy or dissolution; (b) the transfer of all State-owned shares or the transfer parts of State-owned shares that the State no longer has a stake in. 21st article by funded enterprise in the of State-owned and the State-owned holding enterprise of following major matters should to state-owned assets supervision management institutions report: (a) and natural people, and corporate or other organization for over State-owned assets supervision management institutions provides limit of assets managed, and contracting, and rental, and sale or replacement activities; (ii) foreign provides of single guarantees amount reached this enterprise net worth 20%, and cumulative guarantees amount reached this enterprise net worth 50%, and to this enterprise yiwai of natural, and Corporate or other organization provides non-peer guarantees; (three) occurred production security accident caused enterprise personnel casualties and major property loss; (four) major accounting policy change; (five) donation enterprise assets; (six) involved enterprise assets of arbitration, and litigation or enterprise assets was about organ and units take seized, and freeze, and seized, forced measures; (seven) products was foreign or area included anti-dumping survey directory; (eight) Enterprise head for was take personal forced measures or health, reasons cannot perform duties;

    (I) provincial and municipal people's Government of the District of other significant matters.
    22nd State-owned asset supervision and Administration Department shall, in accordance with the People's Republic of China company law provisions, of the enterprises funded by the State-owned holding company, State-owned joint stock company sent representatives of the shareholders, directors, shareholders, Board of Directors of the company. In State-owned holding company, and State-owned shares company of shareholders will, and Board decided company of Division, and merged, and bankruptcy, and dissolved, and increases or decreases capital, and issued company bonds, and appointment Enterprise head, major matters Shi, State-owned assets supervision management institutions sent of shareholders representative, and Director, should prior to state-owned assets supervision management institutions report, according to state-owned assets supervision management institutions of views exercise voting, and in shareholders will, and Within 5 working days from the date of the sessions of the Board of Directors in fulfilling its responsibilities relating to the written reports of State-owned assets supervision and administration bodies.
    Report shall be accompanied by the shareholders, Board of Directors meeting minutes.
    23rd State-owned assets supervision and administration in accordance with the relevant provisions of article, organization and coordination of the enterprises funded by the State-owned enterprises, mergers and bankruptcies of State-owned company to work and cooperate with related departments laid off workers placement work. 24th article can state-owned assets supervision and administration of the assets in the enterprises funded by the larger, corporate governance structure, internal management systems, better management of State-owned enterprises, State-owned company for the State-owned assets authorization management.
    Authorized State-owned enterprises, State-owned companies shall be liable for the enterprise State-owned assets the value of responsibility.
    The fifth chapter 25th Enterprise State-owned assets management of State-owned assets supervision and administration in accordance with the national and provincial regulations, strengthening and improving the definition of property right of State-owned assets, property rights registration, asset assessment monitoring, verification, asset statistics and comprehensive evaluation of basic management work.
    26th article following assets should defined for enterprise State-owned assets: (a) national and this province authorized investment of sector or units to currency, and real and ownership belongs to national of land right, and intellectual property, to enterprise investment by formed of national capital; (ii) enterprise using national capital by formed of after-tax profit left enterprise as increased investment of part, and enterprise from after-tax profit in the extraction of surplus Provident Fund, and chest and not distribution profit; (three) State-owned enterprise for investment of tax gold;
    (D) bear the investment risks by the State, complete with borrowed funds run by investment companies accumulated assets; (e) merger with State-owned assets, purchase of other businesses or other enterprise assets formed by property rights; (vi) should be defined for other assets of State-owned assets of enterprises according to law.
    27th State-owned asset supervision and Administration Department shall, in accordance with national and provincial regulations, State-owned and State-holding enterprises, State-owned enterprises property right registration of State-owned assets of enterprises, and establish a sound system of property registration records, regular analysis and reporting to the people's Governments at the corresponding level of State-owned assets property rights.
    28th State-owned and State-holding enterprises, State-owned shareholding enterprises, Division, merger, bankruptcy, dissolution, transfer of title, to non-monetary assets to foreign investment or transfer of assets, sale, acquisition, substitution must be according to law by the public bidding method, delegate a qualified asset valuation of the asset evaluation agencies.
    State-owned assets supervision and Administration Department shall monitor the assets assessment management, and verification of the enterprise State-owned assets assessment report.
    Article 29th of State-owned assets supervision and Administration Department shall, in accordance with national and provincial regulations, the organization that funded enterprise asset and capital verification, verification and verification results.
    30th State-owned assets supervision and administration of State-owned assets should be stock, distribution, structure and its changes, and operational effectiveness of basic statistics, mastering the basic situation of State-owned assets and operations.
    State-owned and State-holding enterprises, State-owned shareholding enterprises in accordance with the requirements of the State-owned assets supervision and administration bodies, submit statistical reports and State-owned assets of State-owned assets operating reports and other relevant information.
    31st state-owned asset supervision and Administration Department shall, in accordance with national and provincial regulations, establish and perfect evaluation system of State-owned assets, the enterprise State-owned assets management, financial efficiency, solvency and ability to develop quantitative and qualitative analysis to be accurately evaluated.
    32nd State-owned assets supervision and management should establish and perfect the property right transaction of State-owned assets supervision and management systems.
    Enterprise State-owned assets transactions must be conducted through legally established property right trading institutions in public, in private transactions.
    Article 33rd enterprises funded by the income budget should be integrated into the management of State-owned assets.
    State-owned assets supervision and administration of enterprises funded by the enterprise State-owned assets shall perform the investor's duties, as requested by the optimization of State-owned economy layout, preparation of the reinvestment budget proposals and is responsible for organization and implementation.
    34th State-owned assets supervision and Administration Department shall, in accordance with the State industrial policies and local economic and social development planning, auditing of enterprises funded by State-owned and State-holding enterprises development strategic planning, major investment and financing plans, investments and investment total of the business for supervision and management, and evaluation on enterprise investment decision if necessary. Article 35th enterprises funded by property disputes between State-owned assets, should be resolved through consultation.
    Through consultation, coordination may apply for State-owned assets supervision and administration.
    Sixth chapter of State-owned assets supervision and 36th 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 in accordance with the People's Republic of China company law and other relevant laws and regulations and the articles of incorporation, of the enterprises funded by the State-controlled, State-owned joint stock company sent supervisors.
    37th Supervisory Board composition, terms of reference, work methods, code of conduct and reference provisions of the interim regulations on the Board of supervisors of State-owned enterprises under the State Council.
    The financial activities of enterprises according to law, the Board of supervisors of State-owned assets value and management behavior of enterprises, monitoring and supervision and inspection reports to the State-owned assets supervision and administration.
    Article 38th company accredited to the Board of supervisors shall cooperate with the work of the Supervisory Board, reports to the Board of supervisors on important matters, and submit financial reports on a regular basis.
    Companies accredited to the Board of supervisors Board meeting and study enterprise reform and development, annual financial budget and final accounts, important changes in property rights and personnel changes and other major matters of meeting must invite the members of the Supervisory Board.
    39th State-owned assets supervision and administration in accordance with need, to the enterprises funded by the State-owned enterprises, State-owned companies to send chief accountant or Finance Director, to oversee the company's financial position and operational effectiveness.
    Of the enterprises funded by the State-owned enterprises, State-owned companies should be governed by the relevant provisions, regularly reported to the State-owned assets supervision and administration bodies finance, production management and preservation and appreciation of State-owned assets.
    40th State-owned and State-holding enterprises shall accept auditing supervision and inspection, and other relevant departments according to law, and in accordance with the relevant provisions of the State and the province, establish and improve the internal system of accounting, audit and supervision of employees, improve the scientific decision-making mechanism, and strengthen internal supervision and risk control. 41st State-owned and State-holding enterprises should set up enterprise legal system.
    Enterprise corporate counsel have the right to damage the legitimate rights and interests, affect the value of State-owned assets, enterprise damage the lawful rights and interests of the investors violations, corrections and suggestions.
    Large State-owned and State-holding enterprises should set up enterprise's General Counsel, as senior managers, is responsible for the management of corporate legal affairs.
    42nd State-owned assets supervision and administration agencies should establish and improve the accountability of the heads of the enterprises funded by the major mistakes in decision-making, clear corporate heads in the discharge of their duties, due to neglect, abuse or who causes losses to the State-owned assets of enterprises and other violations committed shall bear the responsibility.
    Seventh chapter legal responsibility 43rd article State-owned assets supervision management institutions and staff violation this approach provides, has following case one of of, on directly is responsible for of competent personnel and other responsibility personnel law give administrative sanctions; constitute crime of, law held criminal: (a) illegal intervention by funded enterprise normal of production business activities, illegal charged costs, increased enterprise burden of; (ii) violations by funded enterprise of lawful rights and interests of, caused Enterprise State-owned assets loss or other serious consequences of;
    (C) No appointment or proposed appointment as required by the enterprises funded by the head of the (iv) is not approved by the established deadline for the enterprises funded by the major issues reported.
    44th sent State-owned assets supervision and administration of shareholder representatives, directors are not in accordance with Agency instructions to express their views, the exercise of the right to vote or fails to submit a report on the discharge of the duties of, be warned serious, resulting in loss of State-owned assets in enterprises or other serious consequences, given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    45th article by funded enterprise in the of State-owned and the State-owned holding Enterprise violation this approach provides, has following case one of of, be warning; plot serious of, on directly is responsible for of competent personnel and other directly responsibility personnel give disciplinary; constitute crime of, law held criminal: (a) not by provides to state-owned assets supervision management institutions report financial, and production business and State-owned assets hedge value-added status of;
    (B) should be reported to people's Governments or major issues of State-owned assets supervision and administration bodies for approval is not approval of the audit, (iii) unauthorized transfer of State-owned property and property right trading institutions failed property transaction. 46th State-owned and State holding enterprises in charge of violation of decision-making procedures, abuse their powers, neglect their duties, resulting in losses of State-owned assets of enterprises shall bear liability, and complying with the provisions of the disciplinary case constitutes a crime, criminal responsibility shall be investigated according to law.

    47th on the loss of State-owned assets in enterprises responsible were dismissed over disciplinary action against State-owned and State-holding enterprises in charge of 5 years shall not hold any heads of State-owned and State-holding enterprises causing major losses of State-owned assets, or is sentenced, life without any heads of State-owned and State-holding enterprises.
    Eighth chapter supplementary articles article 48th non-operating state-owned assets to the State-owned assets, by the development and management of State assets of enterprises, and local financial companies of State-owned assets supervision and administration in accordance with the measures implemented. 49th separation has not yet separated from the unit, in accordance with the relevant provisions of national and provincial, accelerating reform to achieve separation.
    After the separation of enterprises, by the State-owned assets supervision and administration bodies shall perform the investor's duties, the enterprise State-owned assets supervision and administration in accordance with law.
    50th these measures shall come into force on December 1, 2004.

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