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Shantou Municipal State-Owned Assets Management Of State-Owned Enterprise Provision (Revised 2010)

Original Language Title: 汕头市市属国有企业国有资产管理规定(2010年修正本)

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Regulation on the management of State-owned assets in the municipality of the municipality of the municipality of the Principality (Amendment)

(Act No. 99 of 11 December 2007 of the Royal People's Government Order No. 99 of 3 December 2010 on the revision of the normative documentation regulations of the executive organs of the first municipality and the decision to amend the application of the provisions of the regulations governing the management of State-owned enterprise assets in the municipality on 25 November 2010 at the 71st ordinary meeting of the Twelfth People's Government on 25 November 2010 to consider the adoption of the first-class government decree No. 119 of 3 December 2010 on the date of publication of the publication of the Ordinance No. 119 of 3 December 2010)

Chapter I General

Article 1 provides for the establishment of a national asset monitoring system that is responsive to the economic needs of the socialist market, the accelerated reform of the State corporate property system, the promotion of reasonable mobility and optimization of State assets and the development of this provision in line with the provisions of the relevant laws, regulations and regulations.

Article 2 oversees the management of the exclusive State, the control unit, the unit, the unit participating in the enterprise registry (concluding an independent account of the enterprise, and the supervision of the operation of a State owned asset (non-financial State assets) that is owned by the commune government.

Article 3. The Government of the communes, on behalf of the State, performs the responsibilities of the city-owned enterprises, enjoys the rights, obligations and responsibilities, harmonizes the asset and the management system of State assets that are combined with the management of the property.

Agencies performing the responsibilities of the treasury are governed by law by the law by authorizing the performance of the responsibilities of the financier.

Article IV institutions responsible for the performance of the responsibilities of the treasury are governed by the State-owned property definition, property registration, asset assessment regulation, crediting, asset statistics, and integrated evaluation.

Article 5

An engine for the performance of the responsibilities of the financiers should be supported by the autonomous operation of the city-owned enterprises in accordance with the law, and in addition to the performance of the responsibilities of the financier, the production of the enterprise shall not be interfered with.

Article 6. The State-owned enterprise of the city should strive to enhance economic efficiency and assume value added to the State-owned assets administered by it.

State-owned enterprises should be subject to oversight by the institution responsible for the performance of the responsibilities of the treasury, without prejudice to the legitimate rights and interests of all the enterprise's assets and other donors.

Chapter II Definition of property rights

Article 7 defines municipal corporate property as subject to the principle of who invests, who owns property.

Article 8. The following assets of a city-owned enterprise shall be defined as State assets:

(i) The political sector in terms of in-kind investment, monetary investment and ownership should be the cumulative and interest of the State's investment in intangible assets, such as intellectual property, technical results;

(ii) All owned enterprises are subject to the State's provisions or approved tax relief for investment or return of investment loans, profitability, financial special subsidies;

(iii) The acceptance of gifted assets by all enterprises;

(iv) All enterprise-owned enterprises, in accordance with national provisions, have made special funds established to extract from operating incomes, from cost and from the profits retained (excluding funds allocated to personal consumption, such as the payment of wages, incentives, benefits, etc.);

(v) The right of all enterprises to use State assets and to purchase assets obtained by other units;

(vi) Guarantees in the name of the party sector and all-scale enterprises, with full access to the full-scale businesses run by borrowing funds, which have accumulated a net asset;

(vii) The political sector and all owned enterprises, as well as other units and individuals, do not invest in capital funds, but they are formed by the party sector and all owners of the corporate sector at the start-up, or have provided evidence of registration of corporate property rights in the status of all enterprises;

(viii) The political sector and all enterprises owned by all companies, in partnership with other units and individuals, should have the right to invest proportions;

(ix) Other assets to be owned by the State under the law.

Article 9

(i) Upon the clean-up and definition of State-owned assets for this enterprise by the city's State-owned enterprises, a State-owned asset definition application is submitted to the institution responsible for the performance of its responsibilities;

(ii) An agency responsible for the performance of the responsibilities of the treasury shall, after a review of the application for the definition of State-owned property property rights by the relevant authorities, be sent to the State's asset title;

(iii) After the definition of State property rights, the recognized State assets shall be subject to the relevant procedures such as the registration of property rights.

Chapter III Registration of property rights

Article 10

Article 11 Registration of property rights by State-owned enterprises shall be governed by the following procedures:

(i) The registration of property rights by a State-owned enterprise in the city, in accordance with the provision of a title registration form and relevant information, to the institution responsible for the performance of the fund;

(ii) Agencies performing the responsibilities of the financier shall be reviewed by law within 10 working days of the date of receipt of the application; eligible registration; non-registration in accordance with conditions; and shall provide the reasons for the written replies.

Agencies performing the responsibilities of the treasury, the city-owned enterprises should establish property registration files.

Article 12. Registration of property rights carries out the annual inspection system. The State-owned enterprise of the city shall, by the end of April, report to the institution responsible for the performance of the responsibilities of the treasury and its subsidiaries on the annual registration of corporate property at all levels.

Agencies carrying out the responsibilities of the treasury may use the annual check-up of the organization's annual inspection or enterprise self-identification, the performance of the responsibilities of the treasury, and inform the enterprise property registration year.

Chapter IV

Article 13 agencies performing the responsibilities of the financiers are responsible for the payment of State-owned assets in the city and for the management of the use of assets.

The following State asset proceeds shall be collected:

(i) The transfer of proceeds from State-owned (unit) rights. These include: net revenue transferred by the State-owned enterprise (the unit) authority of the municipality; net revenue from the transfer of a limited liability company owned by the institution responsible for the performance of the treasury responsibilities; and net proceeds from the transfer of the power of the shares company State unit.

(ii) State assets operate profit. They include: State-owned enterprises operating profits; limited liability companies held by institutions responsible for the performance of the treasurer's responsibilities, equity companies' State Units (red profit).

(iii) Laws, regulations or other State-owned asset proceeds determined by the municipal authorities.

Article 14

(i) The transfer of proceeds from State-owned enterprises (units) rights in the municipality to which contributions are paid: a net income x of the transfer of State-owned (unit) rights;

A net revenue from the transfer of State-owned (unit) rights = income-funded (national capital) - payable tax fees - policy provisions may be deducted.

In the case of the transfer of State-owned enterprises (units) rights, the amount of funds (national capital) was not deducted.

The State-owned enterprise of the city (the unit) has a limited responsibility for the transfer of State-owned enterprises and the transfer of State-owned property rights of the institution responsible for the performance of the responsibilities of the financier, which is 100 per cent.

(ii) The profits of the State-owned enterprise in the city that should be surrendered: (company net profit - approved to compensate for the previous year's loss - allow for the deduction of surpluses, public interest payments) x State capital as a proportion of total capital.

The proportion of State-owned enterprises in the city is 25 per cent.

Article 15. The proceeds of State-owned enterprises of the city are collected according to the following procedures:

(i) The transfer of proceeds from State assets (units) is made directly to the designated accounts opened by the licensee, in accordance with the payment period specified in the transfer contract;

(ii) By the end of June of the second year, the profits of the State's asset operation were made by the city-owned enterprises in the form of a designated account by the agency responsible for the performance of the treasury's responsibilities, on the basis of the annual report audited by the accountants;

(iii) A limited liability company and a company owned by the agency responsible for the performance of the responsibilities of the treasury and the company's National Unit shall be profitable (the dividend) and a designated account by the institution responsible for the performance of the responsibilities of the treasury in two months;

(iv) The municipality determines the proceeds of other State-owned assets collected to be implemented in accordance with the relevant provisions of the municipality.

Article 16 proceeds of State-owned enterprises of the city are used to redirect national capital into the city's State-owned enterprises, the specific expenditure on State-owned enterprise reform and the specific expenditure on State asset regulation.

The use of State-owned property benefits in the city is carried out by institutions that perform the responsibilities of the treasury, together with the municipal financial sector, and are reported to be implemented after the approval of the municipal government.

Chapter V

Article 17

The crediting of nuclear resources by the city-owned enterprises consists of the clearance of accounts, the identification of assets, value recalculation, damage determination, financial verification and improvement of systems.

Article 18

(i) Economic conduct such as separation, consolidation, restructuring, reorganization and withdrawal relates to significant changes in the asset or property structure;

(ii) The loss of assets and the fact that funds are recorded in excess of the rights and interests of all persons, or that corporate accounting information is serious and incompatible;

(iii) The impact of significant natural disasters or other significant, emergency, etc., on the loss of serious assets;

(iv) There is a serious abnormality in the accounts or a significant loss in State assets;

(v) Other cases in which nuclear resources should be made available under the law.

Article 19

(i) The municipality's State-owned enterprise provides for the submission of the application for a clean-up of nuclear funds and, after the approval of the grant by the agency responsible for the performance of the treasury, the development of work-implementation programmes and the organization of work such as the liquidation of accounts, the identification of assets.

Agencies that are responsible for the performance of the responsibilities of the treasury are required to carry out the work on the cleaning of nuclear resources, which is based on the notification of the institution performing the responsibilities of the treasury or the programme of work.

(ii) The exclusive financial audit of the results of the acquisition of a social intermediary by a city-owned enterprise, in accordance with the provisions, and the identification of the spillover of assets;

(iii) The report on the results of the work of the national enterprise of the city to perform the responsibilities of the treasury and the specific audit reports of the social brokering agencies; the performance of the responsibilities of the treasury body to review the performance of the unpaid work of the enterprise, the statement of maternity, the special financial audit report of the social brokering agencies, the determination of the excess of assets and the review of the results of the financial verification;

(iv) The city-owned enterprise restructures the accounts in accordance with the results of the verification of the acquisition of nuclear funds and conducts registration of relevant property changes and business changes, and improves the regulations.

Article 20 Determination and treatment of assets identified by the city's State enterprise for the inventory of the nuclear capital, losses of assets and funds, etc., shall be declared by the city's State-owned enterprises to the institution responsible for the performance of the responsibilities of the contributing person.

An institution responsible for the performance of the responsibilities of the treasury shall increase the rights and interests of all enterprise owners by providing for the provision of the provision for the determination of the loss of assets and the high amount of the bank's assets and the amount of the funds recorded, the ability of the enterprise to disburse themselves and, after the approval of the institution performing the responsibilities of the financier, the benefits of the owner of the enterprise are offset by the provision.

Article 21, concerning adverse claims, adverse investments and losses of physical assets, which are granted by State-owned enterprises, should establish a system of deposit management and organize forces for clearance and recovery. The residue or funds recovered should be processed in a timely manner, in accordance with the relevant provisions.

Article 2 strictly controls the collateral security of State-owned enterprises. The State-owned enterprises shall be authorized by the institution responsible for the performance of the responsibilities of the treasury.

Chapter VI Assets assessment

Article 23 has one of the following acts in the city's State enterprise and should be assessed on the relevant State assets:

(i) The overall or partial alteration of a limited liability company or a share company;

(ii) External investments in non-monetary assets;

(iii) Integration, separation, insolvency and dissolution;

(iv) Changes in the proportion of State shareholders' equity units in non-resident municipalities;

(v) Transfer of property rights;

(vi) Transfer, replacement, mortgage, auction;

(vii) Total assets or part of the asset lease to non-state units;

(viii) Reimbursement of debt in non-monetary assets;

(ix) Assets-related proceedings;

(x) The acquisition of assets of non-State units;

(xi) Accelerating non-State units to fund or borrow money from non-monetary assets;

(xii) Other requirements under laws, regulations and regulations for asset assessment.

The State-owned enterprise of the city assesses State assets and the property holding units shall be based on the relevant provisions, which entrusts the entity with the corresponding qualifications.

Article 24 has one of the following acts in the city's State-owned enterprises, which may not carry out an asset assessment of the relevant State assets:

(i) Non-reimbursable transfers of assets as a whole or part thereof, with the approval of the municipality or the institution responsible for the performance of the responsibilities of the fund;

(ii) The merger between the city's exclusive enterprise or the exclusive enterprise of the State-owned enterprises, the replacement of assets (property rights) and non-repayment.

Article 25 Of these, business change and asset assessment projects covered by the approval of economic behaviour by the municipal government, and other asset assessment projects are in place.

Article 26

(i) The market-owned enterprise holding asset assessment project approves the application documents, the asset assessment report of the asset assessment body and the related information to the institutional declaration of the performance of the responsibilities of the fund-raising.

(ii) Agencies that perform the responsibilities of the fund shall be reviewed by law within 20 working days of the date of receipt of the request, approved or submitted for the eligible assessment project; and shall submit written replies and justifications for non-compliance.

The preceding paragraph shall be approved by the asset assessment project and shall involve experts in the approval of the evaluation; the declaration of the asset assessment project is submitted and, if necessary, the expert concerned may be involved in the preparation of the assessment.

Chapter VII

Article 27 states that the following changes in property rights may be made in accordance with the provision for the processing of State assets without compensation:

(i) Changes in administrative reporting due to changes in the management system and organizational format;

(ii) No compensation and compensation between State-owned enterprises;

(iii) The transfer or replacement of State property (or State authority);

(iv) The establishment of enterprise groups to regulate the corporate property relations within the group;

(v) Other unpaid conversions authorized by the municipality.

Article 28 is one of the following cases in the city's State-owned enterprises and cannot be transferred without compensation:

(i) The right to State property is unclear or the existence of a dispute;

(ii) The audit report of the intermediary's audit of the financial report on the transfer date of the transfer of the enterprise, which is not in a position to express opinions or reservations;

(iii) The transfer of business owners is not in accordance with the re-entry sector and development planning;

(iv) The issue of the placement of a staff member not covered by a transferee shall be adopted by the General Assembly of Employers who are transferred to the enterprise;

(v) Claims, debts (including arrears in the payment of workers' debt) or unduly disposed of programmes involving transfer enterprises;

(vi) The debt of the lender is not properly disposed of.

Article 29 retransfers of State ownership rights by State-owned enterprises, according to the following procedures:

(i) The transfer of both parties to the required feasibility study and, on the basis of feasibility studies, to consider and form written resolutions in accordance with internal decision-making processes;

(ii) The transferee informs the enterprise (unitions) creditors of the non-reimbursable transfer matters and formulates the corresponding debt disposal programme;

(iii) The conversion of the organizations of the parties to an audit or a crediting nuclear capital, in accordance with the relevant provisions, to serve as a basis for the non-reimbursable conversion of the enterprise State's assets;

(iv) After a consensus on a transfer matter, the transferee and the transferee shall, in accordance with the provisions of the agreement on the non-reimbursable transfer of State property, submit approval by the institution responsible for the performance of the responsibilities of the fund;

(v) Upon approval of the transfer of State-owned assets by the municipality, the transfer of both parties to the payment adjustment and, in accordance with the provisions for the registration of property rights.

Chapter VIII Transfer of property

Article 33 The transfer of State property rights in the municipality shall be carried out publicly by the property transaction body established by law. National legislation, legislation and regulations provide for their provisions.

The transfer of State-owned property rights in the city may be carried out by auctions, tenders, transfer of agreements and other forms of legal, regulatory provisions.

In the course of the property transaction, when the transaction price is less than 90 per cent of the results of the assessment, the transaction shall be suspended and the approval of the relevant property transfer authority may continue.

Article 31 State-owned corporate property transfer parties should entrust the enterprise with the accounting of nuclear, financial audit and asset assessment as required. The results of the asset assessment were confirmed as a reference basis for the price of the transfer of corporate property.

Article 32 The State-owned corporate property transfer party should issue a public notice of the transfer of State property, as required, and disclose information on State property transfers.

During the publication of information on the transfer of property rights, the transferee, the licensor and third parties may submit a request for suspension of the contract transaction to the property rights trading body, which shall be re-examined by the approval authority of the property transfer programme.

(i) The owner or the licensee does not have the subject of qualifications;

(ii) Disclosure of information and the impact of the transfer process;

(iii) There was no dispute between third parties and the transferor regarding the award of property.

Article 33, in the course of the transfer of State-owned enterprises in the city, the transferee, the enterprise of the transfermark and the licensee have one of the following acts, and the institution responsible for the performance of the treasury shall require the transfer party to terminate the transfer of property or, in accordance with the law, to bring proceedings before the People's Court to confirm the invalidity of the transfer:

(i) No transaction in the property transaction body under the relevant provisions of this provision;

(ii) The transferee, the enterprise that assigns the mark does not perform the corresponding internal decision-making process, the approval process or beyond the authority, the unauthorized transfer of corporate State property;

(iii) A transferee, a company that transfers a mark should deliberately conceal assets that should be covered by the scope of the assessment, or provide false accounting information to an intermediary agency leading to audit, assessment of the actuality of the results, and the loss of State assets without audit, assessment;

(iv) The transferor's collusion with the licensee and low-cost transfers of State property, resulting in loss of State assets;

(v) The transferee, the company that assigns the mark is not properly placed in the workforce, the continuing social insurance relations, the handling of the arrears of the employee's obligations and the social insurance contributions that have not been paid, against the legitimate rights and interests of the worker;

(vi) The transferee does not meet the obligations of the transferee, the unlawful transfer of claims or the responsibility to avoid the liquidation of the debt; the transfer of property rights in the country without the consent of the security right in the case of the enterprise State's property.

(vii) The choice of the transferee and the contract for the transfer of property, by means of fraud, concealment;

(viii) In the context of competing prices for property transfer and in the auction, malicious breaks in prices have resulted in loss of State assets.

Article 34, after the transfer of State-owned property rights by the municipality, transfers and licensees of property transaction certificates from the property rights trading agencies, are processed in a timely manner in accordance with the relevant provisions of the State.

Article XV of the application of property rights by a city-owned enterprise resulting in a transfer of the transferee from the control unit shall be carried out in accordance with the following procedures:

(i) The transferor conducts a feasibility study on the transfer of property, with the approval or decision of the body reporting the responsibilities of the financier in writing in accordance with internal procedures;

(ii) Upon approval or decision of the transfer of property, the transferee shall conduct a stock-taking, financial audit and asset assessment of the transfermarked enterprise and shall report the results of the asset assessment to the institution that performs the responsibilities of the treasury;

(iii) The transferee develops a business change programme (of which the Employee Placement Programme is subject to consideration by the General Assembly or the Employees' Congress) and approves the approval by the government of the city or the institution responsible for the performance of the responsibilities of the fund;

(iv) After approval of the results of the asset assessment, the transferee shall enter the property transaction by providing for a licence transaction or identification certificate;

(v) After the transfer of property rights, the transferee and the licensor shall enter into a property transfer contract and process the registration process for the change of property rights.

Article 36 has already been implemented in the form of State-owned enterprises such as contracting, lease, and the transfer of corporate property shall take place after the expiration of the contract. A prior transaction is required and an enterprise-owned property transfer should be carried out in accordance with the legal, regulatory and pre-emptive contract termination procedures.

The reorganization of assets and liabilities between the State-owned enterprises authorized under article 37 relates to changes in property, as well as the application of the right to work on the transfer of property after the enterprise's overall change, without being considered as a transfer, which may be directly processed.

Chapter IX Legal responsibility

Article 338 State-owned enterprises or other units violate this provision, resulting in the loss of State assets in the definition of corporate property, being modified by an agency responsible for the performance of the responsibilities of the financier and accountable to the relevant authorities in accordance with the law.

Article 39, in violation of this provision by a city-owned enterprise, is one of the following acts in the registration of a corporate property subject to correction by an agency responsible for the performance of the responsibilities of the treasury and to inform it:

(i) No registration of property rights within the specified period;

(ii) Concluding the fact that the authenticity is not registered with the property right;

(iii) Not to provide registration of corporate property under the provisions.

Article 40 Any unit or individual is in breach of this provision and is in arrears, misappropriation, interception and the proceeds of private State-owned assets, in accordance with the relevant provisions of the Budget Act of the People's Republic of China, the Financial Offences Punishment Regulations.

Article 40

In the case of the State-owned enterprise head and the staff concerned, the use of means of concealing, selling low prices, releasing State assets, and the transfer of State-owned assets, which are converted by an agency responsible for the performance of the responsibilities of the treasury and subject to administrative and disciplinary measures in accordance with the law; which constitutes an offence and is criminalized by law.

Article 42 states that, in violation of this provision, a State-owned enterprise does not authorize the provision of a single asset-collection guarantee by a State-owned asset or by other legal persons, natural persons, resulting in the loss of State assets, and that the institution responsible for the performance of the responsibilities of the treasury will be held accountable by law to its legal representative and persons directly responsible.

Article 43 thirteenth State-owned enterprises are one of the following cases in the asset assessment and are criticized and accountable to the responsible institutions carrying out the responsibilities of the fund and, if necessary, can be prosecuted by law to the People's Court to confirm the invalidity of their corresponding economic acts:

(i) An asset assessment should be carried out without assessment;

(ii) The hiring of asset assessment institutions that do not meet the corresponding qualifications to conduct national asset assessment activities;

(iii) The provision of false information and information to the asset assessment body or the collusion of assets assessment bodies resulting in a failure to assess the results;

(iv) Approval, filing and failure should be made.

Article 44 governs the transfer of State-owned property rights in the city, where the transferee, the enterprise of the transfermark and the licensee have one of the acts under article 33 of this provision, with the responsibility of the transferor, the transferee's enterprise and other direct responsibilities, the agencies responsible for the performance of the responsibilities of the treasury or the relevant enterprises, in accordance with the competence to administer the personnel administration, in the event of serious circumstances, disciplinary action, resulting in the loss of State assets, shall be liable to liability; and, as a result of the responsibilities of the distributor, the transferee shall be compensated for the economic loss of the transferee by law.

Article 42 Intermediation bodies, property rights trading agencies, asset assessment agencies and other parties violate this provision by law; in the case of serious circumstances, institutions that perform the responsibilities of the treasury may require the State-owned enterprises to choose or entrust them with the relevant business; and to hold their criminal responsibility under the law.

Article 46 does not carry out the duties of the treasury, or interferes with the production operation of the city's State-owned enterprises in violation of their legitimate rights and interests, resulting in loss of the enterprise State's assets or other grave consequences, and administrative disposition of the direct responsible person and other direct responsibilities by law; constitutes an offence punishable by law.

Chapter X

The management of State-owned assets in the 47th regions (the district) may be implemented in accordance with this provision.

Article 48