Interim Regulations on the Supervision and Administration of State-owned Assets in Enterprises (Revised in 2011)
Interim Regulations on the Supervision and Administration of State-owned Assets in Enterprises (Revised in 2011)
Interim Regulations on the Supervision and Administration of State-owned Assets in Enterprises (Revised in 2011)
Order of the State Council of the People's Republic of China No.588
January 8, 2011
(Promulgated by Order of the State Council of the People's Republic of China No.378 on May 27, 2003 and revised in accordance with the Decision of the State Council on Repealing and Revising Certain Administrative Regulations issued on January 8, 2011)
Chapter I General Provisions
Article 1 These Interim Regulations on the Supervision and Administration of State-owned Assets in Enterprises (Revised in 2011) (hereinafter referred to as the "Regulations") are enacted in order to establish a state-owned asset supervision and administration system that meets the demand of the socialist market economy, further activates state-owned enterprises, promotes the strategic adjustment to the layout and structure of the state-owned economy, develops and boosts the state-owned economy, and maintains and increases the value of state-owned assets.
Article 2 These Regulations shall apply to the supervision and administration of the state-owned assets in state-owned, state-controlled, and state-held enterprises.
These Regulations shall not apply to the supervision and administration of the state-owned assets in financial institutions.
Article 3 For the purpose of these Regulations, state-owned assets in enterprises refer to the State's various forms of investments in enterprises and the rights and interests formed thereby, as well as other rights and interests recognized as being state-owned in accordance with the law.
Article 4 The state-owned assets in enterprises belong to the State. The State implements the administration system for state-owned assets in which the State Council and local people's governments shall, on behalf of the State, respectively perform the contributor's duties and enjoy the owner's rights and interests, and rights shall be associated with obligations and responsibilities, and the administration of assets shall be combined with the administration of personnel and affairs.
Article 5 The State Council shall, on behalf of the State, perform the contributor's duties for the large state-owned, state-controlled, and state-held enterprises that have bearings on the national economic lifeline and state security, and the state-owned, state-controlled, and state-held enterprises in the fields of important infrastructure and important natural resources. The list of the enterprises for which the State Council will perform the contributor's duties shall be determined and promulgated by the State Council.
The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, and the people's governments at the level of city divided into districts or autonomous prefecture shall, on behalf of the State, respectively perform the contributor's duties for the state-owned, state-controlled, and state-held enterprises other than those for which the State Council performs the contributor's duties. Specifically, the state-owned, state-controlled, and state-held enterprises for which the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government perform the contributor's duties shall be determined and promulgated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, and shall be reported to the state-owned assets supervision and administration body under the State Council for the record; other state-owned, state-controlled, and state-held enterprises for which the people's governments at the level of city divided into districts or autonomous prefecture perform the contributor's duties shall be determined and promulgated by the people's governments at the level of the city divided into districts or autonomous prefecture, and shall be reported to the state-owned asset supervision and administration bodies of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government for the record.
The enterprises for which the State Council, the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, and the people's governments at the level of city divided into districts or autonomous prefecture perform the contributor's duties are hereinafter collectively referred to as the contributed enterprises.
Article 6 The State Council, the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, and the people's governments at the level of city divided into districts or autonomous prefectures shall respectively set up state-owned asset supervision and administration bodies. The state-owned asset supervision and administration bodies shall, as per authority, perform the contributor's duties and supervise and administer the state-owned assets in enterprises in accordance with the law.
The cities divided into districts and autonomous prefectures with relatively few state-owned assets in enterprises are not required to set up separate state-owned asset supervision and administration bodies upon approval of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
Article 7 The people's governments at various levels shall strictly execute the laws and regulations on the administration of state-owned assets and adhere to the separation of the government's function of administering public affairs and the function as the contributor of state-owned assets, the separation of government bodies and enterprises, and the separation of ownership and management power.
State-owned asset supervision and administration bodies do not exercise the government's function of administering public affairs, and the other bodies and departments of the government do not perform the duties of the contributor of state-owned assets in enterprises.
Article 8 State-owned asset supervision and administration bodies shall, in accordance with these Regulations and other relevant laws and administrative regulations, develop and perfect internal supervision systems, and strictly enforce laws and administrative regulations.
Article 9 In the case of war, serious natural disaster, or other major or emergency situations, the State may allocate and dispose of the state-owned assets in enterprises in a unified way in accordance with the law.
Article 10 Contributed enterprises and the enterprises invested in and established thereby are entitled to the right to autonomy in business operations under the relevant laws and administrative regulations.
State-owned asset supervision and administration bodies shall support enterprises' independent and legal business operations, and may not intervene in the production and business activities of the enterprises except for performing the contributor's duties.
Article 11 Contributed enterprises shall strive to improve economic benefits, and assume the responsibilities to maintain and increase the value of the state-owned assets they operate and manage.
Contributed enterprises shall accept the supervision and administration carried out by state-owned asset supervision and administration bodies in accordance with the law, and may not damage the legitimate rights and interests of the owners of the state-owned assets in the enterprises and of other contributors.
Chapter II State-owned Asset Supervision and Administration Bodies
Article 12 The state-owned asset supervision and administration body under the State Council is the ad hoc body directly affiliated with the State Council that, on behalf of the State Council, performs the contributor's duties and is responsible for the supervision and administration of the state-owned assets in enterprises.
The state-owned asset supervision and administration bodies of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, and the state-owned asset supervision and administration bodies of the people's governments at the level of city divided into districts or autonomous prefectures are the ad hoc bodies directly affiliated with the people's governments that, on behalf of the people's governments at the corresponding level, perform the contributor's duties and are responsible for the supervision and administration of the state-owned assets in enterprises.
The state-owned asset supervision and administration bodies of people's governments at the higher level shall, in accordance with the law, direct and supervise the state-owned asset supervision and administration carried out by people's governments at the lower level.
Article 13 The main duties of a state-owned asset supervision and administration body are:
1.
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Order of the State Council of the People's Republic of China No.588
January 8, 2011
(Promulgated by Order of the State Council of the People's Republic of China No.378 on May 27, 2003 and revised in accordance with the Decision of the State Council on Repealing and Revising Certain Administrative Regulations issued on January 8, 2011)
Chapter I General Provisions
Article 1 These Interim Regulations on the Supervision and Administration of State-owned Assets in Enterprises (Revised in 2011) (hereinafter referred to as the "Regulations") are enacted in order to establish a state-owned asset supervision and administration system that meets the demand of the socialist market economy, further activates state-owned enterprises, promotes the strategic adjustment to the layout and structure of the state-owned economy, develops and boosts the state-owned economy, and maintains and increases the value of state-owned assets.
Article 2 These Regulations shall apply to the supervision and administration of the state-owned assets in state-owned, state-controlled, and state-held enterprises.
These Regulations shall not apply to the supervision and administration of the state-owned assets in financial institutions.
Article 3 For the purpose of these Regulations, state-owned assets in enterprises refer to the State's various forms of investments in enterprises and the rights and interests formed thereby, as well as other rights and interests recognized as being state-owned in accordance with the law.
Article 4 The state-owned assets in enterprises belong to the State. The State implements the administration system for state-owned assets in which the State Council and local people's governments shall, on behalf of the State, respectively perform the contributor's duties and enjoy the owner's rights and interests, and rights shall be associated with obligations and responsibilities, and the administration of assets shall be combined with the administration of personnel and affairs.
Article 5 The State Council shall, on behalf of the State, perform the contributor's duties for the large state-owned, state-controlled, and state-held enterprises that have bearings on the national economic lifeline and state security, and the state-owned, state-controlled, and state-held enterprises in the fields of important infrastructure and important natural resources. The list of the enterprises for which the State Council will perform the contributor's duties shall be determined and promulgated by the State Council.
The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, and the people's governments at the level of city divided into districts or autonomous prefecture shall, on behalf of the State, respectively perform the contributor's duties for the state-owned, state-controlled, and state-held enterprises other than those for which the State Council performs the contributor's duties. Specifically, the state-owned, state-controlled, and state-held enterprises for which the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government perform the contributor's duties shall be determined and promulgated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, and shall be reported to the state-owned assets supervision and administration body under the State Council for the record; other state-owned, state-controlled, and state-held enterprises for which the people's governments at the level of city divided into districts or autonomous prefecture perform the contributor's duties shall be determined and promulgated by the people's governments at the level of the city divided into districts or autonomous prefecture, and shall be reported to the state-owned asset supervision and administration bodies of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government for the record.
The enterprises for which the State Council, the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, and the people's governments at the level of city divided into districts or autonomous prefecture perform the contributor's duties are hereinafter collectively referred to as the contributed enterprises.
Article 6 The State Council, the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, and the people's governments at the level of city divided into districts or autonomous prefectures shall respectively set up state-owned asset supervision and administration bodies. The state-owned asset supervision and administration bodies shall, as per authority, perform the contributor's duties and supervise and administer the state-owned assets in enterprises in accordance with the law.
The cities divided into districts and autonomous prefectures with relatively few state-owned assets in enterprises are not required to set up separate state-owned asset supervision and administration bodies upon approval of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
Article 7 The people's governments at various levels shall strictly execute the laws and regulations on the administration of state-owned assets and adhere to the separation of the government's function of administering public affairs and the function as the contributor of state-owned assets, the separation of government bodies and enterprises, and the separation of ownership and management power.
State-owned asset supervision and administration bodies do not exercise the government's function of administering public affairs, and the other bodies and departments of the government do not perform the duties of the contributor of state-owned assets in enterprises.
Article 8 State-owned asset supervision and administration bodies shall, in accordance with these Regulations and other relevant laws and administrative regulations, develop and perfect internal supervision systems, and strictly enforce laws and administrative regulations.
Article 9 In the case of war, serious natural disaster, or other major or emergency situations, the State may allocate and dispose of the state-owned assets in enterprises in a unified way in accordance with the law.
Article 10 Contributed enterprises and the enterprises invested in and established thereby are entitled to the right to autonomy in business operations under the relevant laws and administrative regulations.
State-owned asset supervision and administration bodies shall support enterprises' independent and legal business operations, and may not intervene in the production and business activities of the enterprises except for performing the contributor's duties.
Article 11 Contributed enterprises shall strive to improve economic benefits, and assume the responsibilities to maintain and increase the value of the state-owned assets they operate and manage.
Contributed enterprises shall accept the supervision and administration carried out by state-owned asset supervision and administration bodies in accordance with the law, and may not damage the legitimate rights and interests of the owners of the state-owned assets in the enterprises and of other contributors.
Chapter II State-owned Asset Supervision and Administration Bodies
Article 12 The state-owned asset supervision and administration body under the State Council is the ad hoc body directly affiliated with the State Council that, on behalf of the State Council, performs the contributor's duties and is responsible for the supervision and administration of the state-owned assets in enterprises.
The state-owned asset supervision and administration bodies of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, and the state-owned asset supervision and administration bodies of the people's governments at the level of city divided into districts or autonomous prefectures are the ad hoc bodies directly affiliated with the people's governments that, on behalf of the people's governments at the corresponding level, perform the contributor's duties and are responsible for the supervision and administration of the state-owned assets in enterprises.
The state-owned asset supervision and administration bodies of people's governments at the higher level shall, in accordance with the law, direct and supervise the state-owned asset supervision and administration carried out by people's governments at the lower level.
Article 13 The main duties of a state-owned asset supervision and administration body are:
1.
......