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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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(Adopted by the 33th ordinary meeting of the Government of the Northern Province on 21 October 2004 [2004] of the People's Government Order No. 6 of 27 October 2004]

Chapter I General
Article 1 establishes this approach in the light of the State Department's provisional regulations on the management of enterprise-owned assets and relevant laws, regulations and regulations.
Article 2 oversees the management of State assets owned by the State and the State Control Unit, the State participating in the unit and applies this approach.
Article 3. This approach refers to the State's rights arising from various forms of investment and investment in enterprises, as well as to the recognition by law of all other rights and interests of the State.
Article 4
This province has been implemented on behalf of the Government of the Provincial People and the Municipal People's Government, on behalf of the State, with the rights, obligations and responsibilities of all persons, and in the management of State-owned assets in the management of assets and regulators.
Article 5. The Government of the Provincial People and the Municipalities have established the National Property Monitoring Authority separately. In accordance with the authorization of the Government of the people at this level, the State asset monitoring authority is governed by law by the law on behalf of the Government of the people at this level.
The People's Government does not establish a national asset monitoring authority, which is governed by the State-owned asset monitoring authority and the People's Government of the municipality in which it is established, as necessary, the management of corporate State assets by the organizations concerned.
Article 6. The Government of the Provincial People and the Municipal People's Government of the Region authorizes State-owned asset monitoring authorities to carry out the responsibilities of the treasury.
The Ministry of the People's Government's State-owned asset monitoring authority is funded by the provincial people's Government, which is determined, published and reported to the State-owned asset monitoring management body; the enterprise funded by the National Assets Monitoring Authority in the establishment area is determined, made publicized and reported to the Provincial Government's State-owned asset monitoring authority.
Article 7.
Article 8. State-owned asset monitoring authorities do not exercise the Government's social and public management functions, and other government agencies, departments do not carry out corporate State-owned asset-funded responsibilities.
The State-owned asset monitoring authority should support businesses to operate in accordance with the law and should not interfere with the normal production activity of the enterprise financed, nor shall the cost of the offence be charged without increasing the enterprise burden.
Chapter II
Article 9. 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 and to oversee the management of enterprise State assets.
The State-owned asset monitoring authority of the Government of the Supreme People provides guidance and supervision in accordance with the law for the management of State assets oversight by the lower-level people's Government.
Article 10
(i) Maintenance of the rights and interests of all persons in accordance with the law of the vested enterprises;
(ii) To send a treasury or a treasury to the treasured enterprise, in accordance with the relevant provisions;
(iii) Exemptive, vetting and discriminating corporate heads of the funds in accordance with the statutory procedures;
(iv) Appraisal of the proceeds of State-owned assets from the funds-funded enterprises, as required, in the preparation of the budget proposal plan;
(v) Approval by law of the important matters of the funded enterprise;
(vi) To guide and oversee the establishment of the legal advisers system for the funded enterprises;
(vii) To guide the reform and restructuring of State-owned and State-owned companies;
(viii) Supervision of corporate State-owned property transactions by law;
(ix) Establish and improve the enterprise State-owned asset value-added indicator system to regulate the value added of corporate State assets, including through statistical, auditing;
(x) Other responsibilities provided by the Government of the people at this level.
Article 11. The main obligations of the State asset monitoring body:
(i) Explore effective State-owned asset-management systems and ways to strengthen the management of enterprise State-owned assets, prevent loss of State-owned assets and promote corporate value-added asset insurance;
(ii) To promote the rational flow and optimization of State assets, to promote the restructuring of State economic offices and structures and to enhance the overall quality and competitiveness of the State economy;
(iii) To promote the establishment of a system of modern property rights that is clear, accountable, protects strict and fluid;
(iv) To guide and promote the establishment of a modern enterprise system by State-owned and State-owned companies, to improve corporate governance structures and to promote modernization of management;
(v) Respect, maintain the ownership of the State and the enterprise of the State Control Unit, uphold the legitimate rights and interests of the enterprise in accordance with the law and promote the management of the enterprise in accordance with the law;
(vi) To guide and coordinate the resolution of the difficulties and problems of State-owned and State-owned enterprises in reforming, developing;
(vii) Other obligations under the Government of the people at this level.
Article 12 The State asset management body shall report to the current people on the management of enterprise State assets, the value added of State assets and other major matters, as prescribed.
Chapter III
In accordance with the relevant provisions, the State Asset Supervision Authority assumes its duties as the head of the enterprise that is financed by the funds:
(i) The overall manager of the State-owned enterprise, the Deputy General Manager, the General Accountants and other business holder;
(ii) The Director of State-owned companies, the Deputy Director, the Director, the Director, the Director, and the Board's recommendation to the General Manager, the Deputy General Manager, the General Accounter, etc.;
(iii) To submit, in accordance with the corporate charter, a director, director, deputy director and head of the company of the National Control Unit, and to the Board of Trustees, a proposal for candidates such as the General Manager, the Deputy Director, the General Manager, the General Accounter and the General Accountant;
(iv) In accordance with the corporate charter, a director, a director and a candidate to 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, as well as by the archaeological examination.
Article 14. The State asset monitoring authority shall establish a system of corporate responsibility that is responsive to the requirements of the modern enterprise system and shall select the head of the enterprise financed by the appointment in accordance with the conditions and procedures established.
Article 15. The State asset monitoring authority may, as required, openly select the State-owned enterprises and senior management of the State-owned company.
Article 16 shall establish a performance appraisal system for the treasury of the holder of the treasury of the enterprise, in accordance with the principle of the integration of the annual archaeological examination and the award of operational performance responsibility, in accordance with the principle of the integration of the annual archaeological review and the award of the term of office, to conduct an examination of the completion of the operational objective and to determine the award for the head of the enterprise in accordance with the results.
Article 17 The State asset monitoring authority should establish incentives for the heads of enterprises to develop a emolument of the emoluments of the State-owned enterprises in the fund-raising enterprises and the enterprise heads of State-owned companies.
Chapter IV
The following major matters for the enterprise financed by Article 18 shall be reported to the State 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) Major project financing schemes for State-owned and State-owned companies;
(v) Transfer of State authority;
(vi) Excluding the right of the State Unit in full or partial terms of the addition of the Unit;
(vii) A decrease in the proportion of national units, including through the full, partial abandonment of the authority of the National Unit or the introduction of additional stocks, the inhalation of other non-state capital investment in the Unit;
(viii) State-owned enterprises and State-owned companies dispose of major tangible assets or intangible assets;
(ix) Total wage distribution for State-owned and State-owned companies;
(x) Other important matters specified by the Government of the people of the province and the city's Government.
Significant matters for sub-enterprises that have been financed by enterprises are reviewed in accordance with the relevant provisions of the State and the province.
Article 19 The State asset monitoring authority shall decide on approval or approval within 20 working days of the date of receipt of all the information submitted by the donated enterprise in respect of the major transactions of the enterprise. As special circumstances cannot be decided at the time, 10 working days may be extended, with the approval of the head of the State asset monitoring authority. The failure to make a decision was considered to be approved.
The following major matters for the enterprise funded under Article 20 shall be approved by the Government of the people at the present level following the review by the State Asset Regulatory Authority:
(i) The separation, consolidation, insolvency or dissolution of important State-owned enterprises and State-owned companies;
(ii) The transfer of all State unit rights or the transfer of a part of the State's unit's powers would give the State no longer the status of the Prosecution Unit.
The following major matters for State-owned and State-owned enterprise in the enterprise funded by Article 21 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) The amount of a single guarantee provided by the external company amounted to 20 per cent of the net assets of the enterprise, 50 per cent of the net assets of this enterprise and non-reciprocity to natural, legal or other organizations other than this enterprise;
(iii) The loss of corporate personnel and major property resulting from the production of safety accidents;
(iv) Changes in major accounting policies;
(v) Endowment of corporate assets;
(vi) The arbitration, litigation or enterprise assets involving enterprise assets are subject to mandatory measures such as seizure, freezing, seizure and seizure by the relevant organs and units;
(vii) The products are listed by foreign or regional sources in the Anti-dumping Survey;
(viii) The head of the enterprise cannot perform his or her duties for reasons such as personal coercive measures or health;
(ix) Other important matters specified by the Government of the people of the province and the municipalities.
In accordance with the provisions of the National People's Republic of China Companies Act, the National Asset Regulatory Authority shall send shareholders, directors to the company of the National Control Unit in the funded enterprises, to participate in the corporate shareholders' conference, the Board of Trustees.
In major matters such as the State Control Unit, the National Participating Corporation, the Board of Trustees decided that the company's subsidiaries, mergers, insolvency, disbandment, additional capitalization, issuance of corporate bonds, the appointment of the head of the enterprise, the shareholders' representatives of the State asset monitoring authority, directors should report to the National Asset Regulatory Authority prior to the submission of written reports to the State asset supervision management authorities on the exercise of the right to vote in accordance with the views of the National Asset Superintendent, and to submit written reports to the State asset oversight body within five working days from the date of the CM. The report should be accompanied by the shareholders' conference, the summary of the Board's meetings.
In accordance with the relevant provisions, the National Asset Regulatory Authority organizes the coordination of the State-owned enterprises in the funded enterprises, the formation and insolvency of the State-owned company, and works in conjunction with the relevant sectors for the placement of the enterprise-based workers.
Article 24 allows the State-owned asset monitoring authority to operate with State assets authorization for the larger size of the assets in the funded enterprise, the improvement of the corporate governance structure, the sound internal management system, the well-functioning State-owned enterprises, and the State-owned company. Authorized State-owned enterprises and State-owned companies should assume the value-added responsibility of the enterprise State-owned assets.
Chapter V
Article 25 State asset monitoring authorities strengthen and improve the property definition of enterprise State-owned assets, property registration, asset assessment regulation, crediting nuclear, asset statistics and integrated evaluation, in accordance with the relevant provisions of the State and the province.
The following assets shall be defined as corporate State assets:
(i) The State and the sector or units that authorize investment in money, in kind and ownership are national capital funds generated by national land use rights, intellectual property, etc. investing in enterprises;
(ii) Enterprises are left to enterprises as part of an increase in investment and surpluses, public interest payments and unspent profits extracted by businesses from the profit of the tax;
(iii) Tax relief payments for national enterprises for investment;
(iv) The State assumes investment risk and fully borrows the assets accumulated by the enterprise hosting the funds;
(v) The acquisition of property derived from State assets and the purchase of other enterprises or other enterprise assets;
(vi) Other assets for corporate State assets should be defined by law.
In accordance with the relevant provisions of the State and the province, the State Asset Regulatory Authority shall conduct the registration of corporate asset property rights in enterprises of the State and the State Control Unit, and establish a system for the registration of sound property rights, analyse and report regularly to the Government of the people at this level on the status of corporate property rights.
Article 28, State-owned and State-owned companies, State-owned participating units, must, in accordance with the law, delegate assets assessment, with corresponding qualifications, in the case of conversion, separation, insolvency, disbandment, transfer of property, foreign investment in non-monetary assets or asset transfers, auctions, acquisitions and replacements, be subject to the use of public tenders to entrust asset assessment missions.
The State-owned asset monitoring authority should oversee asset assessment activities and review the enterprise State asset assessment report.
In accordance with the relevant provisions of the State and the province, the National Assurance Authority shall organize the acquisition of nuclear resources by the enterprise financed by the organization and shall review the results of the acquisition of nuclear funds.
Article 33 The State asset monitoring authority shall make statistics on the stock, distribution, structure and operation of enterprise State assets, and the basic conditions and operation of enterprise State assets.
The State and the State Control Unit's enterprise, the State participating in the unit shall submit information, as required by the National Asset Monitoring Authority, to the State's statement of asset statistics and the State asset operation statements.
Article 31 should establish a system of evaluation of national asset indicators for sound enterprises, in accordance with the relevant provisions of the State and the province, with quantitative and qualitative evaluation of the operation of enterprise State-owned assets, financial benefits, debt-servicing capacity, development capacity.
In article 32, the State Asset Regulatory Authority should establish and improve the management system for the supervision of property rights in the State of the enterprise.
An enterprise-owned asset property transaction must be made publicly by a property transaction body approved by law and cannot be privately traded.
The proceeds of State-owned assets funded by Article 33 should be included in the budget management at this level.
The National Asset Supervision Authority performs the financial responsibilities of the enterprise-owned assets of the funded enterprise, and prepares budget proposals for re-entry, as required by the optimization of the State's economic downturn, and is responsible for the organization.
In accordance with national industrial policies and local national economic and social development planning, the State-owned asset monitoring authority should review the strategic planning for the development of State-owned and State-owned companies in the funded enterprises, major project financing planning, monitor the direction and investment of enterprises and undertake post-assessments, where necessary, for enterprise investment decision-making.
When a State-owned asset property dispute arises between a company financed by article 55, it should be resolved in consultation. There is no consultation that can be applied for coordination by the State asset monitoring authorities.
Chapter VI
In accordance with the relevant laws, regulations and corporate charters of the People's Republic of China, the State Asset Regulatory Authority, on behalf of the Government of the people at this level, sent a mission to the State-owned enterprise, the State-owned company, the State-owned company, and the State-owned unit of the fund-raising enterprise, in accordance with the provisions of the Law on Companies of the People's Republic of China.
Article 37 Composition, competence, methods of work, codes of conduct, etc., is implemented in the light of the provisions of the State Department's provisional regulations.
The Office oversees the financial activities of the enterprise, the value added of State asset insurance and business management of the enterprise's head, in accordance with the law, and submits oversight reports to the State asset monitoring authority.
Article 338 businesses that are stationed should cooperate with the work of the CPA, such as the fact-finding mission reporting important matters and regular reporting on corporate financial accounting.
Business accredited to the CPA convenes board and research meetings on key matters such as enterprise reform development, annual financial precision, major property changes and key personnel adjustments, which must be invited to attend.
Article 39 provides for the supervision of the financial situation and the operational benefits of the enterprise by sending a general or financial director of a State-owned enterprise, a sole-source company in a funded enterprise, as required.
State-owned enterprises in the funded enterprises, State-owned companies should report on financial, productive and state-owned value added to national asset control authorities in accordance with the relevant provisions.
Article 40. State-owned and State-owned companies should be subject to oversight by the relevant departments, such as the audit, and, in accordance with the relevant provisions of the State and this province, establish systems such as sound corporate financial, audit and worker democracy monitoring, to improve scientific decision-making mechanisms to strengthen internal oversight and risk control.
Article 40. State-owned and State-owned companies should establish a system of corporate legal advisers. The corporate legal advisers have the right to make corrective observations and proposals for violations that undermine the legitimate rights and interests of the enterprise, affect the value added value of the State's asset insurance and the legitimate rights and interests of the financier.
Large-scale State-owned and State-owned companies should establish corporate legal advisers that are responsible for the management of corporate legal affairs as a senior enterprise.
Article 42 states that the State asset monitoring authority should establish a system of accountability for the failure of significant decision-making by the executive head of the enterprise, specifying the responsibility of the head of the enterprise in the performance of his/her duties for the loss of the enterprise State's assets due to negligence, abuse of authority or provocative fraud.
Chapter VII Legal responsibility
Article 43
(i) The normal production operation of the enterprise financed by the criminal intervention, the collection of fees and the increase in the corporate burden;
(ii) Violations of the legitimate rights and interests of the financially funded enterprises, resulting in loss of corporate State assets or other grave consequences;
(iii) The absence of a specified exemption or a recommendation for the appointment of the head of the enterprise;
(iv) No major matters reported by the enterprise that were approved for the period specified.
Article 44 representatives of shareholders of national asset monitoring bodies, directors of directors who have not been warned in accordance with instructions from the sending agency, exercise of the right to vote or do not submit reports on the performance of their duties on time; in serious circumstances, resulting in loss of corporate State assets or other grave consequences, giving the appropriate administrative disposition; constitute a crime and hold criminal responsibility under the law.
State-owned and State-owned companies in enterprises financed by Article 42, in violation of this approach, warns in one of the following cases; in serious circumstances, disciplinary action against the direct responsible and other direct responsibilities; and criminal liability by law:
(i) The reporting of financial, productive and state-owned asset insurance value added to national asset monitoring bodies, as required;
(ii) No approval of major matters that should be reported to the Government of the People or the State asset monitoring authority for approval;
(iii) Expropriation of corporate property rights without authorization, as well as the non-exploitation of property transactions by property trading agencies.
Article 46 heads of State and State control units in violation of decision-making procedures, abuse of authority, neglect, causing the loss of State-owned assets of the enterprise, should be liable and subject to the provision for disciplinary action; and legal accountability.
Article 47 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 or enterprise of the National Control Unit within five years; causes significant loss of the enterprise State's assets or sentenced to imprisonment, and does not serve as the head of any enterprise of the State and the State Control Unit.
Chapter VIII
Article 48 does not operate State assets to be converted to an operating State asset, which is governed by enterprise development, operational resource-specific State assets, and by the supervision of State-owned assets in local financial types.
Article 49 units that have not yet been separate, should accelerate reforms and achieve political separation, in accordance with the relevant provisions of the State and the province. The State-owned asset monitoring authority performs financial responsibilities under the law and supervises the State-owned assets.
Article 50