Chapter I General Provisions
Article 1 In order to strengthen the supervision and management of state-owned assets of enterprises, to realize the preservation of the value and appreciation of state-owned assets, based on the State Council, "Interim Regulations for the Supervision and Management of State-owned Assets of Enterprises The "Interim Measures for the Supervision and Management of Enterprise State-owned Assets in Anhui Province" "Interim Measures for the Supervision and Management of Enterprise State-owned Assets in Wuhu City", combined with the Sanshan Economic Development Zone (hereinafter referred to as the actual development zone), the development of this approach.
Article 2 This approach applies to the development of state-owned and state-controlled enterprises, state-owned enterprises in the supervision and management of state-owned assets.
Article 3 The enterprise state-owned assets referred to in these measures refers to the state's various forms of investment in enterprises and investment in the formation of the rights and interests, as well as other rights and interests recognized by law that the state owns.
Article 4 Kaiyuan District Development Management Committee (hereinafter referred to as the Management Committee) on behalf of the state of the district state-owned and state-controlled enterprises, state-owned enterprises, to fulfill the responsibilities of contributors.
Management Committee according to the nature of the enterprise, the Development Zone State-owned Assets Supervision and Administration Commission (hereinafter referred to as the District State-owned Assets Supervision and Administration Commission) as the state-owned assets supervision and management institutions, in accordance with the law to perform the duties of the funder, according to the law of the district of the state-owned enterprises state-owned assets supervision and management.
District State-owned Assets Supervision and Administration Commission shall formulate a list of supervised enterprises (hereinafter referred to as district-owned state-owned enterprises), which shall be published with the consent of the management committee and reported to the Municipal State-owned Assets Supervision and Administration Commission for the record.
Article 5 District State-owned Assets Supervision and Administration Commission shall perform the duties of the funder in accordance with the law, the scientific definition of the funder on behalf of the regulatory boundaries of the organization, the establishment of the regulatory power list and the list of responsibilities, highlighting the management of capital as the main function of the work.
Article 6 District State-owned Assets Supervision Committee shall establish and improve the corporate governance structure of district state-owned enterprises in accordance with the law, give full play to the articles of association of the company in the governance of the fundamental role of the company, strictly regulate the representative body of the funder, shareholders (general) meeting, the party, the Board of Directors, the Supervisory Board, the Board of Directors, managers and the Staff Congress of the rights and responsibilities The company's management team has been working closely with the company to strengthen the reciprocity of rights and responsibilities and to ensure the effective fulfillment of its duties.
Article 7 The funded enterprises and their investment in the establishment of enterprises, enjoy the relevant laws, regulations and rules of business autonomy, and its management of state-owned assets of the enterprise to assume responsibility for value-added.
District State-owned Assets Supervision and Administration Commission shall support the independent management of enterprises in accordance with the law, in addition to the fulfillment of the responsibilities of the contributor, shall not interfere in the production and operation of enterprises.
Article 8 There are industry authorities of the district state-owned enterprises to implement dual management. District State-owned Assets Supervision and Administration Commission and industry authorities in accordance with the provisions of the duties, supervision and management of district-owned state-owned enterprises.
Article 9 The party organization of state-owned enterprises in the corporate governance structure has a statutory position in the enterprise to play a leading role in the direction of the management of the overall situation, to promote the implementation of the leadership role, in accordance with the provisions of the discussion and decision-making on major corporate issues. In accordance with the principle of should be into as far as possible, can into must be into the principle of party building work requirements written into the company's articles of association, improve and implement the "two-way entry, cross-posting" leadership system.
Major business management matters must be studied and discussed by the Party organization, and then decided by the board of directors or the management.
Article 10 State-owned enterprises shall strengthen the construction of the board of directors, optimize the composition of the board of directors, and enhance the level of decision-making of the board of directors. The board of directors is the main body of business decision-making, strategy, decision-making, risk prevention, in accordance with the legal procedures and the articles of association to exercise the right to make decisions on major issues of the enterprise, accept the shareholders (general) meeting, the supervisory board supervision.
District state-owned enterprises should be in accordance with the provisions of the establishment of a majority of outside directors of the board of directors.
Chapter 2 Management of the person in charge of the enterprise
Article 11 Adhere to and strengthen the Party's overall leadership of state-owned enterprises The Party shall, in order to improve the mechanism of selecting and employing personnel to meet the requirements of the modern state-owned enterprise system with Chinese characteristics and the needs of market competition, build a high-quality and professional team of state-owned enterprise leaders who are loyal to the Party, courageous and innovative, capable of governing enterprises, capable of promoting enterprises, and clean and honest.
District state-owned enterprises responsible for the selection and appointment, nomination and assignment and management and supervision of work, in accordance with the development zone of state-owned enterprises management of the relevant provisions of the leadership of the implementation.
Article 12 District State-owned Assets Supervision and Administration Commission to establish and improve the district's state-owned enterprises responsible for the business performance appraisal system, the implementation of the annual appraisal and tenure of the appraisal combined with the assessment of the results of the assessment and the process of assessment of the unity of the appraisal results and the rewards and punishments are linked.
District state-owned enterprises in charge of business performance appraisal should be guided by the following provisions:
(a) according to the law, according to the preservation of the value of state-owned assets and value-added, as well as maximize the return on capital and the sustainable development of the requirements, according to the law, the district assessment of the district (a) assessment in accordance with the law, in accordance with the requirements of value-added of state-owned assets and maximization of capital gains and sustainable development, according to the law to assess the business performance of the person in charge of the state-owned enterprises;
(b) classification assessment, according to the different industries of the state-owned enterprises in the district, the different levels of asset management and different characteristics of the main business, and to assess the classification of the factual and open and fair;
(c) classification of the assessment, according to the different sectors of the district-owned enterprises in different levels of asset management and main business, and so on. left;">(c) and incentives and constraints mechanism combined assessment, in accordance with the requirements of the unity of responsibilities and rights, the establishment of district state-owned enterprises in charge of business performance with incentives and constraints mechanism combined assessment system, the establishment of a sound asset management responsibility system.
Article 13 District State-owned Assets Supervision and Administration Commission in accordance with the company law and the relevant provisions of the proposed district state-owned enterprises in charge of salary management, the preparation of district state-owned enterprises in charge of the remuneration, reported to the management committee for approval.
Remuneration management of the person in charge of state-owned enterprises in the district should be guided by the following provisions:
(a) Adhere to the compensation is consistent with the risks and responsibilities, and business performance, and promote the preservation of the value of state-owned capital;
(ii) Adhere to the combination of short-term incentives and long-term incentives, and promote the sustainable development of enterprises;
(iii) Adhere to the unity of incentives and constraints, and promote the distribution of income in a fair and transparent way, and behavioral norms;
(d) adhere to the priority of efficiency, taking into account the fairness;
(e) adhere to the reform of the remuneration system and the relevant reforms supporting the promotion of market-oriented and standardized distribution of income of the heads of enterprises.
Chapter III Management of Major Matters
Article XIV District state-owned enterprises the following Major matters shall be reviewed by the District State-owned Assets Supervision and Administration Commission for approval:
(a) the formation of enterprises;
(b) all wholly state-owned enterprises and wholly state-owned companies, the separation, merger, bankruptcy, dissolution, and reorganization, shareholding system (ii) the separation, merger, bankruptcy, dissolution and reorganization of all wholly state-owned enterprises and wholly state-owned companies, as well as the restructuring and shareholding system;
(iii) the transfer of state-owned shareholdings, resulting in the state no longer having a controlling position;
(iv) eligible investment, capital increase, transfer of property rights and disposal of assets of the district's state-owned enterprises and their subsidiaries at all levels;<
(e) other major matters stipulated by laws, regulations and development zones.
Article 15 The following major matters of the district state-owned enterprises shall be reported to the District State-owned Assets Supervision and Administration Commission for review and approval:
(a) the formulation and revision of the articles of association of wholly state-owned companies;
(ii) Qualified investment, property rights transfer, asset disposal and other matters of district state-owned enterprises and their subsidiaries at all levels;
(iii) Determination of the scope of the main business and changes;
(d) Determination of assessment indicators and honoring of remuneration of the responsible persons;
(e) Other significant matters as stipulated by laws and regulations and the Development Zone.
Article 16 The following major matters of state-owned enterprises in the district shall be reported to the SASAC:
(a) the occurrence of major production safety accidents;
(ii) the occurrence of major legal disputes;
(iii) other matters stipulated by laws, regulations and development zones.
Chapter IV Enterprise State-owned Assets Management
Article XVII District SASAC is responsible for the property rights of state-owned assets of the enterprises Definition of enterprise state-owned assets, for enterprise state-owned assets possession, change, cancellation of property rights registration, coordination and handling of district state-owned enterprises between the enterprise state-owned assets property rights disputes.
Article 18 Possession of state-owned assets of the enterprise for asset trading, ownership changes involving state-owned assets, such as the rights and interests of the contributors of the act, should be entrusted with the appropriate qualifications of the asset valuation agency for asset evaluation. State-owned asset appraisal projects in accordance with the relevant provisions of the approval system and filing system.
Article 19 District State-owned Assets Supervision Commission is responsible for organizing, guiding and supervising the district's state-owned enterprises in the liquidation of the capital, and the asset loss and profit recognition.
Article 20 District SASAC is responsible for the organization and implementation of statistical reporting of enterprise state-owned assets, supervision and inspection, collection, review and summary of statistical reports on enterprise state-owned assets to the management committee to report on the operation of enterprise state-owned assets.
District state-owned enterprises should regularly report to the district SASAC on the financial situation, production and operation status, investment completion and value-added status of state-owned assets.
Article 21 District State-owned Assets Supervision and Administration Commission shall establish and improve the supervision and management system of enterprise state-owned assets and property rights transactions, strengthen the supervision and management of enterprise state-owned assets and property rights transactions, and promote the reasonable flow of enterprise state-owned assets.
Chapter V supervision of enterprise state-owned assets
Article 22 Strengthening of internal supervision of state-owned enterprises, capital contributor Supervision and audit, discipline inspection and supervision and social supervision. The management committee of the development zone to report annually to the National People's Congress Working Committee on state-owned asset management.
Article 23 District State-owned Assets Supervision and Administration Commission is responsible for guiding the construction of enterprise legal adviser system, in accordance with the relevant provisions of the enterprise legal adviser industry management.
Article 24 District State-owned Assets Supervision and Administration Commission shall establish and improve the funded enterprises of Chinese state-owned and state-controlled enterprises responsible for major decision-making failure accountability system.
Chapter VI Legal Liability
Article 25 District State-owned Assets Supervision and Administration Commission intervened in the production and operation of the funded enterprises in violation of the law The company is responsible for the production and operation of enterprises funded by the SASAC in violation of the law.
Article 26 District state-owned enterprises are not in accordance with the provisions of the report on the financial situation, production and operation status and value-added status of state-owned assets, the District State-owned Assets Supervision and Administration Commission shall be warned; the circumstances of the seriousness of the case, the directly responsible for the competent personnel and other directly responsible personnel shall be given sanctions.
Article 27 The person in charge of the district state-owned enterprises abuse of power, dereliction of duty, resulting in the loss of state-owned assets, shall be investigated for relevant responsibilities.
Chapter VII Attachment Rules
Article 28 The form of the organization of enterprises funded by the organization, organization, rights and obligations, etc., in accordance with the law. organization, institutions, rights and obligations, etc., in accordance with the Company Law of the People's Republic of China and other relevant provisions.
Article 29 the funded enterprises in the Communist Party of China grass-roots organizations, trade union organizations in accordance with the "Constitution of the Communist Party of China", "People's Republic of China Trade Union Law" and other relevant provisions.
Article 30 The implementation of these measures in the specific issues by the State-owned Assets Supervision and Administration Commission is responsible for interpretation.
Article 31 These Measures shall come into force on the date of publication, and other relevant provisions inconsistent with these Measures, in accordance with the implementation of these Measures.














