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Interim Measures For The Administrative Unit Of State-Owned Assets Management

Original Language Title: 行政单位国有资产管理暂行办法

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(Announced on May 30, 2006, the Ministry of finance, the 35th as of July 1, 2006) Chapter I General provisions article in order to standardize and strengthen the administrative unit of State-owned assets management, maintain the security and integrity of the State-owned assets, the rational allocation of State-owned assets, improve the efficiency of State-owned assets, ensure that the unit functions, according to the relevant provisions of the State Council, these measures are formulated.
    Second approach applicable to all levels of the party's organ, the NPC organs, administrative organs, judicial organs and procuratorial organs of the CPPCC organs, and democratic parties (hereinafter referred to as administrative unit) of State-owned assets management.
    Article III administrative unit of State-owned assets in these measures refers to administrative units at all levels to possess, use, legally recognized as State-owned, general term for various economic resources can be in monetary units, the administrative unit of the State-owned (public) property.
    Administrative unit of State-owned assets, including the administrative unit formed with State financial money assets, allocated to the administrative units of the State assets and administrative units in accordance with the national regulations of the income formation of assets, as well as donations and other legally recognized as State-owned assets, in the form of fixed assets, current assets and intangible assets.
    Fourth administrative unit of State-owned assets management major tasks are: (a) to establish and improve various rules and regulations and (ii) promoting the rational allocation and effective use of State-owned assets and (iii) to protect the security and integrity of the State-owned assets; (d) the State-owned assets supervision has not yet decoupled economic entities, State-owned assets and increase their value.
    Fifth administrative unit of State-owned asset management including: asset allocation, asset use, disposition of assets, asset evaluation, property rights defining, property rights dispute, property registration, asset inventory, asset report, and supervision and inspection, and so on.
    Sixth administrative unit of State-owned asset management activities should be guided by the following principles: (a) the combination of asset management and budget management, (ii) the combination of asset management and financial management, (iii) the combination of physical management and value management.
    Seventh administrative unit of State-owned assets management, the implementation of national unity all Government classification regulation, possession or use of management systems. Chapter II administrative bodies and duties Article eighth financial departments at all levels are responsible for the administrative unit of State-owned assets management departments, administrative unit of State-owned assets under management. Its main duties is: (a) implementation national about State-owned assets management of legal, and regulations and policy; (ii) according to national State-owned assets management of about provides, developed administrative units State-owned assets management of regulations, and on implementation situation for supervision check; (three) is responsible for with about sector research developed this level administrative units State-owned assets configuration standard, is responsible for assets configuration matters of approval, by provides for assets disposal and property changes matters of approval, is responsible for organization property defined, and property disputes mediation, and
    Assets statistics report, and assets assessment, and assets inventory, work; (four) is responsible for this level administrative units rental, and lending State-owned assets of approval, is responsible for and administrative units yet decoupling of economic entity of State-owned assets of supervision management; (five) is responsible for this level administrative units State-owned assets returns of supervision, and management; (six) on this level administrative units and subordinate financial sector of State-owned assets management work for supervision, and check; (seven) to this level Government and superior financial sector report about State-owned assets management work. Nineth administrative units the unit possess, use of State-owned assets management.
    Its main duties is: (a) according to administrative units State-owned assets management of provides, responsibility version units State-owned assets management specific approach and organization implementation; (ii) is responsible for this units State-owned assets of account card management, and inventory registration, and statistics report and the daily supervision check, work; (three) is responsible for this units State-owned assets of procurement, and acceptance, and maintenance and maintenance, daily management work, guarantees State-owned assets of security full; (four) is responsible for handle this units State-owned assets of configuration, and disposal, and rental, and lending, matters of approval procedures;
    (E) be responsible for administrative units not yet decoupled economic entities, State-owned assets supervision and administration of the specific and the preservation and appreciation of responsibility (vi) accept the guidance and supervision of the financial sector, reports the unit of State-owned assets management. The tenth article in accordance with the needs of the financial sector, part of State-owned assets management work can be referred to relevant units completed.
    Units should be completed to the State-owned assets management, accountable to the financial sector, and completion of the report.
    11th levels of financial departments and administrative units should be clearly the institutions and personnel of State-owned assets management and enhance administrative unit of State-owned assets management.
    Chapter three 12th administrative unit of State-owned asset allocation asset allocation should be guided by the following principles: (a) strict implementation of laws and regulations and relevant rules and regulations; (b) commensurate with the administrative unit can perform its duties, and (iii) reasonable asset structure and (iv) economy, strict control.
    13th provided with standard asset, should be carried out in accordance with the standard equipped with; no provision for standard assets, should be based on actual need, strictly controlled, reasonable.
    Financial departments require allocation of assets, can be solved through transfers, in principle not to purchase.
    14th article acquisition has provides equipped with standard of assets, except national another has provides outside, should by following program approval: (a) administrative units of assets management sector with financial sector audit assets stock, proposed intends acquisition assets of heading, and number, measuring funding lines, by units head audit agreed Hou reported sibling financial sector approval, and according to sibling financial sector requirements submitted related material; (ii) sibling financial sector according to units assets status on administrative units proposed of assets acquisition project for approval; (C) the approval by the financial departments, organizations can purchase of assets included in the annual budget, and at the time of preparation of the annual budget document financial sector and related materials, as a basis for approving departmental budgets.
    Without approval, shall be included in the departmental budget, expenditure shall be included in the units.
    15th approved convening major conferences, organizing large-scale activities require the purchase of assets, by meeting or event organizer program submitted for approval in accordance with these measures.
    16th administrative unit to buy into the scope of government procurement of assets, according to law, government procurement.
    17th administrative unit asset management departments should be the acquisition of asset acceptance, registration and account processing in a timely manner.
    Fourth chapter assets using 18th administrative unit shall establish and improve use of State assets management system, regulate the use of State-owned assets.
    19th administrative units should be conscientious and the use of State-owned assets management and maximize efficiency of State-owned assets into full play; protect the safety and integrity of State-owned assets to prevent the improper use of State-owned assets loss and waste.
    20th administrative unit on the possession, use of State assets should be regular inventory, stock clear, accounts, cards, solid line, preventing the loss of State-owned assets.
    21st administrative unit should establish a strict responsibility system for management of State-owned assets, the State-owned assets management responsibility to people.
    22nd administrative unit may use State-owned assets shall guarantee, except as otherwise provided by law. 23rd Division may not in any form has organized economic entity, the use of State-owned assets. Prior to promulgation of this approach have organized economic entity, the use of State-owned assets shall, in accordance with national government agencies and economic entities run by decoupling decoupling of the provisions.
    Before decoupling, administrative units should be in accordance with the relevant provisions of the State on the economy of economic efficiency, income distribution and usage are strictly regulated.
    Financial departments should be on the economic efficiency, income distribution, and use of supervision and inspection. 24th administrative unit to be occupied, the use of State-owned assets of leasing, lending, must be reported to the financial departments at the same level for approval in advance.
    Without approval, no leasing or lending.
    Financial departments should be based on the actual situation of administrative units of State-owned assets leasing, lending the strict control, strict examination and approval.
    25th administrative unit shall lease or loan of State-owned assets, the ownership unchanged, still owned by the State; the formation of income, in accordance with the provisions of government non-tax income management under "two lines of income and expenditure" management.
    26th the administrative unit in the standard configuration, inefficient or idle for a long time operation of State-owned assets, financial departments at the same level have the right to transfer or dispose of.
    Fifth chapter 27th administrative unit of State-owned asset disposal assets disposal refers to the transfer of property right of State-owned assets of administrative units and verification, including various types of State-owned assets transfer, sale, replacement, loss and abandonment.
    28th article administrative units needed disposal of State-owned assets range including: (a) idle assets; (ii) for technology reasons and after science argument, does needed scrap, and eliminated of assets; (three) for units Division, and revoked, and merged, and restructuring, and membership relationship change, reasons occurred of property or right transfer of assets; (four) disc lost, and bad and the non-normal loss of assets; (five) has over using years cannot using of assets; (six) in accordance with national about provides need for assets disposal of other case.
    29th administrative unit of State-owned assets should be strict examination and approval procedures, shall not be disposed of without authorization.
    Article 30th assets asset management departments for disposal should be undertaken by the financial Department, technical department identification, comment by permission to submit.
    31st the approval authority of the administrative unit of State-owned asset disposal and disposal, unless otherwise provided by the State, in accordance with the measures provided by the financial sector. 32nd administrative unit of State-owned asset disposal should be in accordance with open, impartial and fair principles.
    Asset sales and replacement should be taken to auction, bidding, Protocol, transfer and other means prescribed by national laws and administrative regulations.
    33rd administrative unit of State-owned asset disposal income and residual income, in accordance with the provisions of government non-tax income management under "two lines of income and expenditure" management.
    Administrative units of the 34th Division, undo changes, mergers, restructuring and affiliation, should register their inventory of the possession or use of State-owned assets, inventory, submitted to the auditing of the financial sector, management and asset transfer in time.
    35th Division held joint conferences, organising events and temporary acquisition of State-owned assets by the organizers at the Conference, after the end of the activity in accordance with the regulations submitted for disposition.
    Sixth chapter appraisal 36th administrative unit has one of the following, related assets should be assessed: (a) administrative unit without original proof of prices of assets made; (b) auction, transfer, replacement of State-owned assets and (iii) in accordance with the relevant provisions of the State assets assessment needs in other circumstances. 37th administrative unit of State-owned asset valuation and recording system for the implementation of approved projects.
    And recording system for the implementation of approved projects, powers shall be determined separately by the financial sector.
    38th administrative unit of State-owned assets assessment shall entrust asset evaluation agencies with the qualification of asset appraisal.
    39th an assets assessment of administrative units shall provide relevant information and materials, and to provide the conditions and objectivity, authenticity and legality of the information is responsible for, not to practise any form of intervention to assess institutional independence.
    Seventh chapter dispute 40th property disputes refers to property ownership, unclear ownership rights, use rights, property rights and disputes. Property disputes between the administrative units of the 41st, settled by the parties concerned.
    No agreement, or peer-mediation of the Government, ruled by the financial sector. 42nd administrative and non-administrative units, organizations or individual property rights conflicts between, and put forward opinions by administrative units, and reported to the Finance Department approval, consultation with other parties.
    No settlement in accordance with the judicial process.
    Eighth chapter assets statistics 43rd administrative units shall establish asset registration files and report strictly in accordance with the requirements of the financial sector.
    Financial departments and administrative units shall establish and improve assets management information system, dynamic management of State-owned assets.
    44th Division submitted to the statistical reporting of assets and shall be true, accurate, timely, complete, and on State-owned assets to possess, use, change, dispose of text analysis.
    Financial departments and administrative units of the State-owned assets should be the implementation of performance management, monitoring the effectiveness of asset use.
    Article 45th financial departments should reply to audit administrative unit statistical reporting of assets, if necessary, delegate authorities to conduct the audit.
    Examined by the financial Department of the approved statistical report shall be used as the basis and Foundation of budget management and asset management. 46th article in accordance with the needs of the financial sector and organize assets inventory.
    Implementation measures for the asset inventory, developed separately by the financial Department of the people's Governments above the county level. 47th according to the needs of their statistical work of State-owned assets of the financial sector, property right registration of State-owned assets of administrative units.
    Property rights registration, financial departments and is responsible for organizing the implementation of property rights registration.
    Nineth 48th financial and legal responsibility of supervision and inspection departments and administrative units and their staff, should seriously carry out the State-owned assets management duties to safeguard the safety and integrity of the State-owned assets.
    49th fiscal departments and administrative units should strengthen the management and supervision of State-owned assets, adhere to internal supervision and financial supervision, the combination of auditing and supervision, social supervision, supervision, supervision, supervision combines daily monitoring combined with special inspection.
    50th Finance Department and administrative units and their staff in violation of the regulations, possession, use and disposal of State-owned assets without authorization, in accordance with the financial illegal activities penalties and regulations.
    Provisions of other acts in violation of State-owned assets management according to relevant laws and regulations of the State.
    Tenth chapter supplementary articles article 51st civil service system management of institutions and social groups of State-owned assets management in accordance with these rules.
    52nd administrative units of accounting of non-civil service management implementation of the relevant provisions in the institution of State-owned assets management in public institutions, enterprises with independent accounting system implementation of the relevant provisions of the State-owned assets management, does not perform these procedures.
    53rd local financial departments in accordance with this approach and superior financial departments of the State-owned assets management may require the enactment of a local district rules and regulations and the administrative units of State-owned assets management and reported to the Finance Department at a higher level for the record.
    54th Division of overseas State-owned assets management measures shall be formulated separately by the Treasury.
    Implementation measures for the central-level administrative unit of State-owned assets management, formulated by the Ministry of finance, jointly with relevant departments in accordance with the measures.
    55th specific units such as the people's Liberation Army occupied, the use of State-owned assets management approach, developed separately by the PLA General Logistics Department and other relevant departments, in conjunction with the Ministry of finance. 56th article of the rules take effect on July 1, 2006.
                                                                              Previously issued rules and regulations concerning administrative unit of State-owned assets management, where inconsistent with this approach, is subject to this approach.