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Interim Regulations on the Supervision and Management of State State -owned Assets
Release time: 2018-12-24 & nbsp & nbsp & nbsp Source: Anonymous

Chapter 1 General Principles


1 to establish a state -owned asset supervision and management system that meets the needs of socialist market economy,Further do a good job of Stake Sports Bettingstate -owned enterprises,Strategic adjustment to promote the state -owned economic layout and structure,Development and growth of the state -owned economy,Realize state -owned asset preservation and value -added,Develop this Regulations。

Article 2 State -owned and state -owned holding enterprises、Supervision and Management of State -owned Assets in Stake Sports Bettingstate -owned enterprises,Applicable this Regulations。

Supervision and management of state -owned assets in financial institutions,Not applicable this Regulations。

Article 3 The state -owned assets of the enterprise mentioned in these regulations,refers,and identified as all other rights and interests as the state in accordance with the law。

4 The state -owned assets of an enterprise belong to the state all。The state implements the duties of the state's and local people's governments on behalf of the state.,Enjoy the rights and interests of the owner,Right、Unified obligations and responsibilities,Management assets and management people、State -owned asset management system combined with management things。

Article 5 The representative of the State Council represents a large state -owned state -owned and state -owned holding of national economic life and national security.、State -owned shares,State -owned and state -owned holding in the fields of important infrastructure and important natural resources、State -owned shares,Performing the responsibilities of the investor。Enterprises that the State Council performs the duties of investors,Determined by the State Council、announced。

province、Autonomous Region、The Municipal People's Government and the city of the municipality、The People's Government of the Autonomous State level respectively represented the state and state -owned and state -owned holding of the State Council to perform the duties of investors、State -owned shares,Performing the responsibilities of the investor。Where,province、Autonomous Region、The state -owned and state -owned holding of the people's government of the municipality performed the duties of the investor、State -owned shares,From the province、Autonomous Region、The people's government of the municipality determined、announced,Reported to the State Council's state -owned assets supervision and management agency for the record; other cities in the district、The State -owned and State -owned Holdings of the People's Government of the Autonomous State level fulfilling the responsibilities of the investor、State -owned shares,From the city of the district、Autonomous state people's government determined、announced,Remit to the province、Autonomous Region、The state -owned asset supervision and management agency of the people's government of the municipality directly under the Central Government。

State Council,province、Autonomous Region、The People's Government of Municipal Municipality,City cities、Enterprises that perform the duties of investors,The following collectively referred to as the capital contributed。

Article 6 State Council,province、Autonomous Region、The People's Government of Municipal Municipality,City cities、Autonomous State People's Government,Establish a state -owned asset supervision and management agency。State -owned assets supervision and management agencies based on authorization,Performing the duties of investors in accordance with the law,Supervision and management of state -owned assets of enterprises in accordance with the law。

City with less state -owned state -owned assets、Autonomous Prefecture,Sales、Autonomous Region、Approval of the People's Government of the Municipality directly under the Central Government,You can set up a state -owned asset supervision and management institution。

7 The people's governments at all levels shall strictly implement the laws of state -owned asset management、Regulations,Adhere to the government's social public management functions separately from the function of state -owned asset funders,Adhere to the separation of government and enterprises,separation of ownership from business rights。

State -owned assets supervision and management institutions do not exercise government social public management functions,Other government agencies、The department does not fulfill the responsibilities of the state -owned assets of the enterprise。

Article stake betting app8 State -owned assets supervision and management institutions stake online sports bettingshall in accordance with these regulations and other relevant laws、Regulations on administrative regulations,Establish and improve the internal supervision system,Strictly implement the law、Administrative Regulations。

Article 9 of a war、Serious natural disasters or other major、In emergency situation,The state can call uniformly、Disposal state -owned assets。

Article 10 Enterprise and Enterprise Enterprises Investment,Enjoy relevant laws、Enterprise operating autonomy stipulated in administrative regulations。

State -owned asset supervision and management institutions shall support enterprises to operate independently in accordance with the law,In addition to fulfilling the duties of the investor,Do not interfere with the production and operation activities of the enterprise。

Enterprise contributed by Article 11 shall strive to improve economic benefits,Affordable for the state -owned assets of the state -owned assets that it operates management and management。

The funded enterprises shall accept supervision and management implemented by state -owned assets supervision and management agencies in accordance with the law,The legitimate rights and interests of the state -owned asset owner and other funders must not be damaged。

Chapter 2 State -owned Assets Supervision and Administration Institution

Article 12 State Council's state -owned assets supervision and management agency is a representative of the State Council to fulfill the duties of investors、Direct special agencies responsible for supervising and managing state -owned assets。

province、Autonomous Region、The State -owned Assets Supervision and Administration Organization of the People's Government of the Municipal Municipality,City cities、The state -owned assets supervision and management agency of the Autonomous State -level People's Government is the duty of the government on behalf of the government、Direct special agencies responsible for supervising and managing state -owned assets。

The superior government state -owned asset supervision and management agency guides and supervise the state -owned asset supervision and management of the lower level governments。

Article 13 The main responsibilities of the state -owned asset supervision and management institution are:

(1) In accordance with the laws such as the "Company Law of the People's Republic of China"、Regulations,Perform the investor's responsibilities of the investors they contribute,Maintain the owner's rights;

(2) Guide the reform and reorganization of state -owned and state -owned controlling enterprises;

(3) Sending the supervisory committee to the capital contributed enterprises in accordance with regulations;

(4) The person in charge of the enterprise of the enterprise contributed in accordance with the legal procedures、Assessment,and reward and punish it according to the results of the assessment;

(5) Through statistics、Audit and other methods to supervise the value preservation and appreciation of state -owned state -owned assets;

(6) Performing other duties of the investor and other matters assigned by the government at the same level。

State -owned assets supervision and management agencies of the State Council except for responsibilities stipulated in the previous paragraph,The rules of state -owned asset supervision and management of enterprises、System。

Article 14 The main obligations of the state -owned assets supervision and management institution are:

(1) Promote the reasonable flow of state -owned assets and optimize allocation,Promote the adjustment of the state -owned economic layout and structure;

(2) Maintain and improve the control and competitiveness of the state -owned economy in the field of national economy and the national security field,Improve the overall quality of the state -owned economy;

(3) Exploring effective enterprise state -owned asset business systems and methods,Strengthen the supervision and management of state -owned assets of enterprises,Promote the preservation and value -added of state -owned assets of enterprises,Prevent the loss of state -owned assets of the enterprise;

(4) Guide and promote the establishment of a modern enterprise system for state -owned and state -owned controlling enterprises,Improve legal person governance structure,Promoting management modernization;

(5) Respect、Maintain the autonomy of the operation of state -owned and state -owned holding enterprises,Maintain the legitimate rights and interests of the enterprise in accordance with the law,Promote the management of enterprises in accordance with the law,Enhance corporate competitiveness;

(6) Guidance and coordination to solve difficulties and problems in the reform and development of state -owned and state -owned controlling enterprises。

Article 15 State -owned Assets Supervision and Administration Institutions shall report to the government at the government at the same level.、State -owned asset preservation and value -added status and other major matters。

Chapter 3 Management of the person in charge of the enterprise

Article 16 State -owned assets supervision and management institutions shall establish and improve the selection mechanism and incentive restraint mechanism of enterprise leaders who meet the requirements of the modern enterprise system。

Article 17 State -owned assets supervision and management institutions in accordance with relevant regulations,Appointment and removal or recommended enterprise in charge of appointment and removal:

(1) The general manager of the state -owned wholly -owned enterprise in appointment and removal、Deputy General Manager、General accountant and other enterprise leaders;

(2) Chairman of the State stake sports betting app-owned State -owned Companies、Deputy Chairman、Director,and propose the general Stake Sports Bettingmanager to it、Deputy General Manager、Appointment and removal suggestions for the total accountant, etc.;

(3) According to the company's articles of association,Proposed directors sent to the state -owned company、Supervisor's candidate,Recommended the chairman of the company's company、Vice Chairman and Chairman of the Supervisory Board,and propose the general Stake Sports Bettingmanager to it、Deputy General Manager、Suggestions for the candidate of the General Accountant;

(4) According to the company's articles of association,Directors sent to companies that are shared with state -owned shares、Supervisor's candidate。

State Council,province、Autonomous Region、The People's Government of Municipal Municipality,City cities、Autonomous State People's Government,The appointment and removal of the person in charge of the enterprise they contributed,Implement in accordance with relevant regulations。

Article 1stake betting app8 State -owned assets Supervision and Administration Institutions shall establish a system of business performance assessment system,Signed a performance contract with the person in charge of the enterprise appointed,Annual assessment and term assessment of the person in charge of the enterprise based on the performance contract。

Article 19 State -owned assets supervision and management institutions shall be in accordance with relevant regulations,Determine the state -owned wholly -owned enterprises of the funded enterprises、Salary of the person in charge of the enterprise of a wholly state -owned company; based on the assessment results,Determine the reward and punishment of the person in charge of the enterprise sent by the capital contributed。 

Chapter 4 Management of major issues of enterprises

Article 20 State -owned assets supervision and management institutions are responsible for guiding state -owned and state -owned holding enterprises to establish a modern enterprise system,Review and approve the Stake Sports Bettingstate -owned enterprises whose funded enterprises contributed、Reorganization of a wholly state -owned company、The joint -stock system transformation plan and the charter of the state -owned wholly -owned company in the funded enterprise。

Article 21 State -owned assets supervision and management institutions determine the state -owned wholly -owned enterprises in their funded enterprises、Division of state -owned wholly -owned companies、merge、Bankruptcy、Disbanding、Increase or decrease Capital、Issuing major issues such as corporate bonds。Where,Important state -owned wholly -owned enterprises、Division of state -owned wholly -owned companies、merge、Bankruptcy、Disband,It shall be reviewed by the state -owned assets supervision and management agency,Approval of the people's government at this level。

State -owned assets supervision and management institutions are reviewed in accordance with legal procedures、Determine the state -owned wholly -owned enterprise in the company's investment enterprises、Time of major issues of state -owned wholly -owned companies,According to relevant national laws、Regulations to execute。

Article 22 State -owned assets supervision and management institutions in accordance with the provisions of the company law,Sending shareholder representatives、Director,Company participating in state -owned controlled、State -owned company's shareholders' meeting、Board。

State -owned Holdings Company、State -owned company's shareholders' meeting、The board of directors determines the separation of the company、merge、Bankruptcy、Disbanding、Increase or decrease Capital、Issuing company bonds、When the person in charge of the appointment and removal of the enterprise, the person in charge of the enterprise,Shareholder representatives sent by state -owned assets supervision and management institutions、Director,Payment comments shall be issued in accordance with the instructions of the state -owned asset supervision and management agency、Exercise voting right。

Shareholder representatives sent by state -owned assets supervision and management institutions、Director,The relevant situation of its duties should be reported to the state -owned assets supervision and management institution in a timely manner。

Article 23 The state -owned assets supervision and management agency determines the transfer of state -owned equity of its funded enterprises。Where,Transfer all state -owned equity or transfer some state -owned equity to cause the state to no longer have a holding position,Approval of the people's government at this level。

Article 24 The major issues of important sub -enterprises invested by the company invested in the company,It is necessary,Management measures shall be formulated separately by the State -owned Assets Supervision and Administration Institutions of the State Council,Report to the State Council approval。

Article 25 State -owned assets supervision and management institutions organize and coordinate the coordination of the Stake Sports Bettingstate -owned enterprises of the invested enterprises in accordance with relevant state regulations、The merger and bankruptcy work of a wholly state -owned company,and cooperate with relevant departments to do a good job。

Article 26 State -owned assets supervision and management institutions in accordance with relevant national regulations The guidance opinion of the reform of the income distribution system of the company's capital,The overall level of the salary distribution of the capital -funded enterprises。

Article 27 (Stake Sports Bettingstate -owned enterprises in the funded enterprises、State -owned wholly -owned companies approved by the State Council,It can be used as an investment company stipulated by the State Council、Holding Company,Enjoy the rights stipulated in Article 12 of the Company Law; it can be used as an agency authorized by the state,Enjoy rights stipulated in Article 20 of the Company Law。) (Delete on January 8, 2011)

Article 2stake betting app8 State -owned assets supervision and management institutions may be a state -owned Stake Sports Bettingstate -owned enterprise with conditions in which the funded enterprises、State -owned wholly state -owned companies to authorize state -owned assets authorization。

stake sports betting appThe authorized Stake Sports Bettingstate -owned enterprise authorized、State -owned wholly -owned companies、Holdings、State -owned assets formed by countries invested by countries in the company to operate in accordance with the law、Management and Supervision。

Article 29:、State -owned wholly -owned companies shall establish and improve the standardized modern enterprise system,And assume the responsibility for preservation and value preservation and value -added of state -owned assets。

Chapter 5 State -owned Assets Management

Article 30 State -owned assets supervision and management agencies in accordance with relevant national regulations,Responsible for the definition of the property rights of state -owned assets of the enterprise、property right registration、Asset evaluation supervision、Clear production nuclear capital、Asset statistics、Comprehensive evaluation and other basic management work。

State -owned Assets Supervision and Administration Organization Coordinating the State -owned Assets Property Rights Disputes between the Enterprises they contributed。

Article 31 State -owned assets supervision and management institutions shall establish a state -owned asset property rights transaction supervision and management system,Strengthen the supervision and management of state -owned asset property rights transactions in enterprises,Promote the reasonable flow of state -owned assets of enterprises,Prevent the loss of state -owned assets of the enterprise。

Article 32: State -owned assets supervision and management institutions perform their duties of investor state -owned assets in accordance with the law of the state -owned assets of the enterprise they have contributed;、Development strategy and plan,Performing the duties of investors in accordance with national development planning and industrial policy。

Article 33 The Stake Sports Bettingstate -owned enterprises in the company invested、major asset disposal of state -owned wholly -owned companies,The approval of the state -owned asset supervision and management agency,Implement in accordance with relevant regulations。

Chapter 6 State -owned Assets Supervision

Article 34、State -owned wholly -owned companies sent the Supervisory Board。Composition of the Supervisory Board、Management、Behavior specifications, etc.,In accordance with the provisions of the "Interim Regulations of the Stake Sports Bettingstate -owned enterprise Supervisory Board"。

The local people's government state -owned asset supervision and management agency on behalf of the people's government at the same level、State -owned wholly -owned companies sent the Supervisory Board,Refer to the provisions of the "Interim Regulations of the Stake Sports Bettingstate -owned enterprise Supervisory Board"。

Article 35 State -owned assets supervision and management agencies supervise the finances of the capital contributed enterprises in accordance with the law,Establish and improve the state -owned asset preservation and value -added index system,Maintenance of the rights and interests of the capital of state -owned assets。

Article 36 State -owned and state -owned holding enterprises shall strengthen internal supervision and risk control,Establish a sound finance in accordance with relevant national regulations、Audit、Corporate legal adviser and employee democratic supervision and other systems。

Stake Sports Bettingstate -owned enterprises in the company invested in Article 37、State -owned enterprises shall report the financial status to the state -owned asset supervision and management institution regularly in accordance with the regulations、Production and operation status and state -owned asset preservation and value -added status。

Chapter VII Law and Law Responsibility

Article 3stake betting app8 State -owned assets supervision and management institutions do not appoint and remove in accord,or the production and operation activities of the company contributed by illegal intervention,Anti -legitimate rights and interests,Caused by the loss of state -owned assets or other serious consequences,Administrative sanctions are given to the directors and other persons directly responsible and other responsible persons;,Criminal responsibility for investigation in accordance with the law。

Article 39 The Stake Sports Bettingstate -owned enterprises in the company invested、State -owned enterprises have not reported to state -owned asset supervision and management institutions in accordance with regulations、Production and operation status and state -owned asset preservation and value -added status,Warning; the serious circumstances,Disciplinary sanctions to the directors and other responsible persons directly responsible。

Article 40 Enterprise leaders of state -owned and state -owned controlling enterprises abuse their powers、Ignoring the duty,The loss of state -owned assets of the enterprise,Should be liable for compensation,and give discipline sanctions to it according to law; constitute a crime,Criminal responsibility for investigation in accordance with the law。

Article 41 The person in charge of the state -owned and state -owned holding enterprises who are responsible for the loss of state -owned assets of the enterprise,It is not allowed to serve as a person in charge of any state -owned and state -owned and state -owned controlling enterprises in 5 years; causing major losses or punishment for state -owned state -owned assets,It is not allowed to serve as a person in charge of any state -owned and state -owned controlling enterprise for life。

Chapter 8 Attachment

Article 42 State -owned and state -owned holding enterprises、Organization forms of state -owned shares、Organization、Rights and obligations, etc.,According to the Law of the Company Law of the People's Republic of China、Administrative Regulations and the Regulations of these Regulations。

Article 43 State -owned and state -owned holding enterprises、State -owned participating enterprises China Communist Party grassroots organization construction、Socialist spiritual civilization stake sports betting appMy stake betting appconstruction and party style and clean government construction,Implement in accordance with the Constitution of the Communist Party of China and relevant regulations。

State -owned and state -owned holding enterprises、State -owned participation enterprises China Trade Union Organization shall be implemented in accordance with the relevant provisions of the Trade Union Law of the People's Republic of China and the Chinese Trade Union Articles of Association。

Article 44 The State Council State -owned Assets Supervision and Administration Institution,province、Autonomous Region、The people's government of the municipality directly under the Central Government can formulate implementation measures in accordance with these regulations。

Article 45: The administrative regulations on the supervision and management of state -owned assets formulated by enterprises before the implementation of these regulations are inconsistent with these regulations,Implement in accordance with the provisions of these regulations。

Article 46 Units that have not yet been separated by government and enterprises,shall be in accordance with the regulations of the State Council,Accelerate reform,Realize government -enterprise separation。Enterprises after the separation of government and enterprises,The state -owned asset supervision and management agency fulfills the duties of investors in accordance with the law,Supervision and management of state -owned assets of enterprises in accordance with the law。

Article 47 These regulations shall be implemented from the date of announcement.