Advanced Search

Inner Mongolia Enterprise Property Right Transaction Of State-Owned Assets Management Way

Original Language Title: 内蒙古自治区企业国有资产产权交易管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Adopted by the 6th ordinary meeting of the Government of the People of the Autonomous Region of Mongolia, on 6 April 2002, No. 126 of the Order of the People's Government of the Autonomous Region of Mongolia, on 28 March 2003)

Article 1 provides for the development and development of a property transaction market that regulates enterprise-owned asset property transactions, promotes a reasonable flow of capital elements, diversifys the subject of investment, prevents the loss of State assets and develops this approach in line with the relevant provisions of the State.
Article 2. This approach applies to property rights transactions in enterprises under the self-government area.
Article 3. This approach refers to the State-owned property transaction (hereinafter referred to as a property transaction), which refers to the sale of enterprise-owned assets generated by national investment and investment benefits, as well as enterprise State-owned unit rights.
Article 4 deals with property rights should be guided by the principles of legality, voluntary, equal consultation, good credit and equity, openness and impartiality.
Article 5 State asset management in the self-government area is governed by law by the governing and monitoring of the management of property rights across the region.
The National Assets Management of the League of Arab States is responsible for the supervision of the management of State property rights transactions in the present administration.
In accordance with the division of responsibilities, the relevant departments are able to manage the related work of the State property transaction.
Article 6.
Article 7.
(i) The whole and partial sale of State-owned enterprise assets;
(ii) The net value of the sale of the accounts by the State alone, the company of the Control Unit is more than 50,000 fixed assets and intangible assets;
(iii) The right of State shareholders to sell the unit;
(iv) The sale of other State assets.
The transferee is exempt from the sale of assets to the enterprise's employees in accordance with the relevant provisions of the self-government area.
Article 8.
(i) The submission of documents by the parties to the transaction is incomplete or false;
(ii) Unspected property relations;
(iii) Liability or liabilities;
(iv) Any trial or arbitration;
(v) mandatory measures such as justice, administration;
(vi) The duration of the contract agreement shall not be transactioned;
(vii) Laws, regulations and regulations explicitly prohibit other circumstances of the transaction.
Article 9
(i) A competitive auction;
(ii) The sale of tenders;
(iii) The sale of the agreement;
(iv) Legal, regulatory and regulatory provisions and other transactions approved by the Government of the People of the Autonomous Region.
Article 10
(i) The Government authorizes companies and subsidiaries and non-authorized real estate assets to be sold as a whole, subject to approval by the same-ranking State asset management, to be submitted for approval by the Government of the same-ranking people, while some property sales are made for approval by the same-ranking State asset management, but is a major matter for approval by the same-ranking people;
(ii) The Government authorizes the State's subsidiaries to operate (groups) to sell the unit within the company, which is authorized by the seller's parent company; the company's external sale is subject to approval by the parent company after the approval of the same-ranking State asset management; and the sale of the subsidiary company for approval;
(iii) The sale of property belonging to a re-engineering enterprise has not yet been dislocated and is authorized by the corporate authorities in the same-ranking State asset management.
State ownership of land use and mining rights is governed by relevant national legislation.
Article 11. Corporate State assets are sold as a whole, and the seller and the buyer should guarantee the legitimate rights and interests of the worker in accordance with the law and, in the property transaction contract, agree on the appropriate placement of the employee of the seller.
Before making a sale decision, the seller sought the views of the General Assembly of Employers in accordance with the relevant provisions of the State.
Article 12
(i) Prior to the implementation of the property transaction, the seller shall submit written authorizations to the property transaction body and submit the relevant documents;
(ii) The owner's transaction body shall conduct a review of the subjectivity of the seller and the author's submission of the request and documentation, which is in accordance with conditions;
(iii) After the acceptance of the seller's authorization, the property transaction body should make public statements to society on the sale of the mark and the requirement for sale. In accordance with the buyer's competition, the manner of the transaction is determined and is carried out in a fair, open and impartial manner as prescribed;
(iv) A written contract shall be concluded by the parties to the property transaction after their submission. The property transaction agency provides a property transaction certificate to both parties in accordance with the contract. The parties to the property transaction pass from the contract and the property transaction certificate to the relevant procedures for the change of property rights.
Article 13. The seller shall carry out an asset assessment in accordance with the State's provisions. The price of delivery allows for some fluctuations based on the assessment price. Of these, the delivery price is less than 90 per cent of the value of the assessment, subject to approval by the original property transaction.
Article 14. The sale of property and asset income shall be treated in the following manner:
(i) The sale of a single asset by the enterprise and the inclusion of an out-of-service income under the financial system;
(ii) The sale of income by the unit, which is partially offset by increased investment, and in part by investment losses;
(iii) The Government authorizes businesses and other State-owned enterprises to sell their incomes as a whole and to pay the same-level finance.
Article 15. The sale of their assets at the time of the transfer of State enterprises shall be settled in accordance with the following order:
(i) Employees' wages;
(ii) Inadequate insurance payments to the social welfare and old-age insurance institutions and repayments due under the provisions;
(iii) Reimbursement for self-employed workers in accordance with agreed conditions;
(iv) The tax owed;
(v) The debt owed.
The remaining balance after the payment of the above-mentioned amount is liquidated, with the same level of finance.
Article 16 sells the proceeds of property in the treasury sector as part of the financial budget income for re-investment of the enterprise capital fund.
Article 17 may be charged by the organization of transactions of the property transaction agency, which is determined by the self-government plan, the financial sector in accordance with the relevant provisions of the State.
Article 18 State assets, audits, inspection services at all levels should enhance inspection and oversight of property transactions.
In the audit of the annual financial accounting report of the enterprise, the corporate sales unit and assets should be audited and disclosed in the audit reports.
Article 19 does not deal with changes in the relevant sectors such as State assets, business, land resources, housing, etc. when property transactions occur without the property transaction market.
Article 20 Staff of State organs or State-owned asset operators play a role in the management of property, insecure in favour of private fraud and serious negligence, resulting in loss of State assets, disposing of the responsible person by their units or by the same inspection department, in accordance with the circumstances; and constituting an offence, in accordance with the law.
Article 21, State asset possession units violate article 7, article 8, article 10 and article 13 of this approach and sell the State's assets null and void; and a fine of up to US$ 150,000 is granted by State asset management in accordance with circumstances.
Article 22, State asset possession units are in breach of article 14, article 15 of this approach and are being converted by State asset management orders; property sales revenues should be made without financial contributions and are donated by law by State asset management and subject to fines of up to $100,000.
Article 23 does not have a property transaction to engage in a property transaction with the value of the property transaction, and the property transaction is null and void and the State asset management may grant a fine of up to US$ 150,000.
Article 24 deals with property rights in violation of article 9, Article 12 of this scheme, and the State asset management shall modify or confirm the invalidity of the transaction by a condition warrant and may grant a warning or fine of up to $15,000.
Article 25
Article 26 State assets, collective assets and property transactions involving other public assets may be implemented in the light of this approach.
Article 27 of this approach was implemented effective 1 July 2003.