Promulgation of the Interim Measures for the Administration of State-owned Assets Evaluation
The reporter learned from the State-owned Assets Supervision and Administration Commission of the State Council on August 31 that the Interim Measures for the Administration of Enterprise State-Owned Assets has been reviewed and approved by the 31st Office of the State-owned Assets Supervision and Administration Commission and will be implemented as of September 1, 2005. Relevant persons of the State-owned Assets Supervision and Administration Commission told reporters that after the implementation of the Measures, the State-owned Assets Supervision and Administration Office of the State Council is responsible for guiding and supervising the supervision and supervision of state-owned assets of national enterprises.
Whether the state-owned assets are assessed or not depends on the requirements of the Measures. The assets assessment projects involved in the approval of economic activities by the central enterprises and their subsidiaries at all levels shall be filed by the central enterprises. The division of responsibilities of the local state-owned assets supervision and administration institutions and the asset evaluation projects of the enterprises they funded shall be stipulated by the local state-owned assets supervision and administration institutions according to the actual conditions of each place.
The "Measures" stipulate that if a state-owned and state-owned holding company has one of the following acts, it must evaluate the relevant assets: whole or part of it into a limited liability company or a company limited by shares; foreign investment in non-monetary assets; merger, division, bankruptcy, Dissolution; change in the proportion of shares of state-owned shareholders of non-listed companies; transfer of property rights; transfer or replacement of assets; leasing of assets or parts of assets to non-state-owned units; repayment of debts with non-monetary assets; asset-related litigation; acquisition of assets of non-state-owned units; acceptance of non-state-owned The unit is funded by non-monetary assets; it accepts non-state-owned units to pay off debts with non-monetary assets; other matters required by laws and administrative regulations for asset evaluation.
The "Measures" also stipulates that enterprises shall, through the approval of the people's governments at various levels or their state-owned assets supervision and administration institutions, implement a free transfer of the whole or part of the assets of the enterprise; between the state-owned sole proprietorship enterprises and their subordinate wholly-owned enterprises (institutions) or their subordinate wholly-owned enterprises ( If the merger, the asset (property rights) replacement and the free transfer behavior between the public institutions are not evaluated, the relevant state-owned assets may not be evaluated.
The insiders believe that the newly promulgated "Measures" are more operational than the "Administrative Measures for the Evaluation of State-Owned Assets" issued by the State Council on November 16, 1991 (Order No. 91) (referred to as Order No. 91). The development of inappropriate content has been very well modified, providing guarantees for the preservation and appreciation of state-owned assets and objective and fair transactions. It is reported that Order No. 91 has a total of 39 articles, and the "Measures" promulgated this time are 35. Although the number of articles has decreased, the role played is even greater.
The "Measures" will increase penalties. The reporter learned that the "Measures" are much more penalized than the Order No. 91 in terms of violations of laws and regulations. Three of these cases will be transferred to the judiciary for legal treatment.
These three situations are as follows: 1. If an enterprise violates laws and regulations or improperly uses the assessment report in the assessment of state-owned assets, the competent personnel and other directly responsible personnel who are directly responsible shall be given disciplinary sanctions according to law; if they are suspected of committing crimes, they shall be transferred. The judicial organs handle the matter according to law. 2. If the entrusted asset appraisal institution violates the rules and regulations during the asset appraisal process, the state-owned assets supervision and administration institution shall inform the relevant competent department of the industry about the relevant situation and propose to impose corresponding punishments; if the circumstances are serious, the enterprise may not be required to entrust the intermediaries and The party conducts the assessment of state-owned assets; if it is suspected of committing a crime, it shall be transferred to the judicial organ for handling according to law. 3. If the staff of state-owned assets supervision and administration institutions at all levels violate these regulations and cause the loss of state-owned assets, they shall be punished according to law; if they are suspected of committing crimes, they shall be transferred to the judicial organs for handling according to law.
The Order No. 91 only stipulates that if the state-owned asset management administrative department or the staff of the competent department of the industry uses their powers to seek personal gain or neglect their duties, resulting in the loss of state-owned assets, the state-owned asset management administrative department or the competent department of the industry may, according to the administrative authority of the cadres, give administrative Disciplinary action, and may be imposed a fine equal to the person's three-month basic salary. If the circumstances are serious and constitute a crime, the judicial organ shall pursue criminal responsibility according to law. Since the expression is very vague and unclear in the provisions, it is easy to cause the loss of state-owned assets. In contrast, this "Measures" will be more law enforcement.
The reporters who completed the evaluation report within 20 working days learned that the "Measures" specifically made clear the efficiency of the work of state-owned regulatory agencies, and the provisions showed that the efficiency of work in the future evaluation will be greatly improved.
The Measures stipulates in the approval procedures for enterprise asset assessment projects: after receiving the assessment report issued by the asset appraisal agency, the enterprise shall report to the preliminary review at a higher level, and after approval by the preliminary review, it shall supervise and manage the state-owned assets within 8 months from the date of assessment. The institution shall submit an application for approval; after receiving the approval application, the state-owned assets supervision and administration institution shall, in accordance with the approval requirements, promptly organize relevant experts to review and approve the evaluation report within 20 working days; if it does not meet the approval requirements, it shall return it. .
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
From: China Industrial News
Whether the state-owned assets are assessed or not depends on the requirements of the Measures. The assets assessment projects involved in the approval of economic activities by the central enterprises and their subsidiaries at all levels shall be filed by the central enterprises. The division of responsibilities of the local state-owned assets supervision and administration institutions and the asset evaluation projects of the enterprises they funded shall be stipulated by the local state-owned assets supervision and administration institutions according to the actual conditions of each place.
The "Measures" stipulate that if a state-owned and state-owned holding company has one of the following acts, it must evaluate the relevant assets: whole or part of it into a limited liability company or a company limited by shares; foreign investment in non-monetary assets; merger, division, bankruptcy, Dissolution; change in the proportion of shares of state-owned shareholders of non-listed companies; transfer of property rights; transfer or replacement of assets; leasing of assets or parts of assets to non-state-owned units; repayment of debts with non-monetary assets; asset-related litigation; acquisition of assets of non-state-owned units; acceptance of non-state-owned The unit is funded by non-monetary assets; it accepts non-state-owned units to pay off debts with non-monetary assets; other matters required by laws and administrative regulations for asset evaluation.
The "Measures" also stipulates that enterprises shall, through the approval of the people's governments at various levels or their state-owned assets supervision and administration institutions, implement a free transfer of the whole or part of the assets of the enterprise; between the state-owned sole proprietorship enterprises and their subordinate wholly-owned enterprises (institutions) or their subordinate wholly-owned enterprises ( If the merger, the asset (property rights) replacement and the free transfer behavior between the public institutions are not evaluated, the relevant state-owned assets may not be evaluated.
The insiders believe that the newly promulgated "Measures" are more operational than the "Administrative Measures for the Evaluation of State-Owned Assets" issued by the State Council on November 16, 1991 (Order No. 91) (referred to as Order No. 91). The development of inappropriate content has been very well modified, providing guarantees for the preservation and appreciation of state-owned assets and objective and fair transactions. It is reported that Order No. 91 has a total of 39 articles, and the "Measures" promulgated this time are 35. Although the number of articles has decreased, the role played is even greater.
The "Measures" will increase penalties. The reporter learned that the "Measures" are much more penalized than the Order No. 91 in terms of violations of laws and regulations. Three of these cases will be transferred to the judiciary for legal treatment.
These three situations are as follows: 1. If an enterprise violates laws and regulations or improperly uses the assessment report in the assessment of state-owned assets, the competent personnel and other directly responsible personnel who are directly responsible shall be given disciplinary sanctions according to law; if they are suspected of committing crimes, they shall be transferred. The judicial organs handle the matter according to law. 2. If the entrusted asset appraisal institution violates the rules and regulations during the asset appraisal process, the state-owned assets supervision and administration institution shall inform the relevant competent department of the industry about the relevant situation and propose to impose corresponding punishments; if the circumstances are serious, the enterprise may not be required to entrust the intermediaries and The party conducts the assessment of state-owned assets; if it is suspected of committing a crime, it shall be transferred to the judicial organ for handling according to law. 3. If the staff of state-owned assets supervision and administration institutions at all levels violate these regulations and cause the loss of state-owned assets, they shall be punished according to law; if they are suspected of committing crimes, they shall be transferred to the judicial organs for handling according to law.
The Order No. 91 only stipulates that if the state-owned asset management administrative department or the staff of the competent department of the industry uses their powers to seek personal gain or neglect their duties, resulting in the loss of state-owned assets, the state-owned asset management administrative department or the competent department of the industry may, according to the administrative authority of the cadres, give administrative Disciplinary action, and may be imposed a fine equal to the person's three-month basic salary. If the circumstances are serious and constitute a crime, the judicial organ shall pursue criminal responsibility according to law. Since the expression is very vague and unclear in the provisions, it is easy to cause the loss of state-owned assets. In contrast, this "Measures" will be more law enforcement.
The reporters who completed the evaluation report within 20 working days learned that the "Measures" specifically made clear the efficiency of the work of state-owned regulatory agencies, and the provisions showed that the efficiency of work in the future evaluation will be greatly improved.
The Measures stipulates in the approval procedures for enterprise asset assessment projects: after receiving the assessment report issued by the asset appraisal agency, the enterprise shall report to the preliminary review at a higher level, and after approval by the preliminary review, it shall supervise and manage the state-owned assets within 8 months from the date of assessment. The institution shall submit an application for approval; after receiving the approval application, the state-owned assets supervision and administration institution shall, in accordance with the approval requirements, promptly organize relevant experts to review and approve the evaluation report within 20 working days; if it does not meet the approval requirements, it shall return it. .
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
From: China Industrial News
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