企业国有资产监督管理暂行条例 Supervision and Administration of State-owned Assets of Enterprises Tentative Regulat

国务院令第378号

（Promulgated by the State Council on 27 May 2003 and effective as of date of promulgation.）

颁布日期：20030527 　实施日期：20030527 　颁布单位：国务院

　　PART ONE　GENERAL PROVISIONS

　　Article 1　These Regulations are formulated in order to establish a system for the supervision and administration of State-owned assets that is in accord with the requirements of a socialist market economy， to further improve State-owned enterprises， to promote the strategic adjustment of the distribution and structure of the State-owned economy， to develop and expand the State-owned economy， and to realize the maintenance of and increase in the value of State-owned assets.

　　Article 2 ： These Regulations shall apply to the supervision and administration of State-owned assets of State-owned enterprises， State-controlled enterprises， and enterprises in which the State has an equity participation.

　　These Regulations shall not apply to the supervision and administration of State-owned assets of financial institutions.

　　Article 3　For the purposes of these Regulations， the term “State-owned assets of enterprises” shall refer to all forms of investment by the State in enterprises， the rights and interests created by such investment， and other rights and interests that are determined as being owned by the State according to law.

　　Article 4　State-owned assets of enterprises are owned by the State. The State shall implement a system for administration of State-owned assets wherein the State Council and the local people's governments respectively perform the duties of investors and enjoy the rights and interests of owners on behalf of the State， wherein the rights， obligations and responsibilities are unified and the administration of assets， personnel and matters are combined.

　　Article 5　The State Council shall， on behalf of the State， perform the duties of investors in large State-owned or State-controlled enterprises， or in which the State has an equity participation and that are vital to the national economy or related to national security， and in enterprises that are State-owned， State-controlled or in which the State has an equity participation that are in sectors such as major infrastructure and important natural resources， etc. The enterprises in which the State Council performs the duties of investors shall be determined and announced 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 municipalities divided into districts and autonomous prefectures shall respectively perform the duties of investors on behalf of the State in State-owned enterprises， State-controlled enterprises， or enterprises in which the State has an equity participation other than those in which the State Council performs the duties of investors. The people's governments of provinces， autonomous regions and municipalities directly under the central government shall determine and announce the State-owned enterprises， State-controlled enterprises and enterprises in which the State has an equity participation in which they perform the duties of investors and shall report the same to the State-owned assets supervision and administration authority of the State Council for record filing. The people's governments at the level of municipalities divided into districts and autonomous prefectures shall determine and announce the State-owned enterprises， State-controlled enterprises and enterprises in which the State has an equity participation in which they perform the duties of investors and shall report the same to the State-owned assets supervision and administration authority of the people's governments of the provinces， autonomous regions and municipalities directly under the central government for record filing.

　　The enter

prises in which the State Council， the people's governments of provinces， autonomous regions or municipalities directly under the central government and the people's governments at the level of municipalities divided into districts and autonomous prefectures perform the duties of investors shall hereinafter be referred to as “Funded 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 municipalities divided into districts and autonomous prefectures shall respectively set up State-owned assets supervision and administration authorities. State-owned assets supervision and administration authorities shall， in accordance with their authorized powers， perform the duties of investors in accordance with the law and supervise and administer the State-owned assets of enterprises in accordance with the law.

　　Municipalities divided into districts and autonomous prefectures that have relatively few State-owned assets in enterprises may， subject to the approval of the people's government of the province， autonomous region or municipality directly under the central government， be exempted from the requirement of setting up an independent State-owned assets supervision and administration authority.

　　Article 7　All levels of people's governments shall rigorously implement the laws and regulations on the administration of State-owned assets， separate the public administration function of government from that of investors of State-owned assets， maintain the separation of government and enterprise and implement the separation of ownership and right of operation.

　　State-owned assets supervision and administration authorities shall not carry out the public administration function of government. Other government authorities and departments shall not perform the duties of investors of State-owned assets of enterprises.

　　Article 8　State-owned assets supervision and administration authorities shall establish sound systems of internal supervision in accordance with the provisions of these Regulations and other relevant laws and administrative regulations， and shall rigorously implement laws and administrative regulations.

　　Article 9　In the case of war， serious natural disaster or other major urgent circumstances， the State may centrally allocate or dispose of the State-owned assets of enterprises in accordance with the law.

　　Article 10　Funded Enterprises and enterprises invested in and established by them shall enjoy the right of autonomous operation in accordance with the relevant laws and administrative regulations.

　　State-owned assets supervision and administration authorities shall support autonomous operation of enterprises in accordance with the law and may not interfere in the production and operation activities of enterprises except when carrying out their duties as investor.

　　Article 11　Funded Enterprises shall work hard to improve their economic efficiency and shall be responsible for maintaining and increasing the value of the State-owned assets of enterprises that they operate with and administer.

　　Funded Enterprises shall accept supervision and administration of State-owned assets supervision and administration authorities in accordance with the law， and may not harm the lawful rights and interests of the owner of State-owned assets of enterprises or other investors.

　　PART TWO　STATE-OWNED ASSETS SUPERVISION AND ADMINISTRATION AUTHORITIES

　　Article 12　The State-owned assets supervision and administration authority of the State Council is a directly subordinate authority specially established to perform the duties of investors on behalf of the State Council and is responsible for the supervision and administration of State-owned assets of enterprises.

　　The State-owned assets super

vision and administration authorities of people's governments of provinces， autonomous regions and municipalities directly under the central government and those of people's government at the level of municipalities divided into districts and autonomous level are directly subordinate authorities specially established to perform the duties of investors on behalf of the people's government at their level and are responsible for the supervision and administration of State-owned assets of enterprises.

　　The State-owned assets supervision and administration authority of people's governments at higher levels shall guide and supervise work on supervision and administration of State-owned assets of people's governments at lower levels in accordance with the law.

　　Article 13　The main duties of State-owned assets supervision and administration authorities shall be：

　　1. to perform the duties of investors and to safeguard owners' rights in accordance with laws and regulations such as the PRC， Company Law；

　　2. to guide and promote reform and reorganization of State-owned and State-controlled enterprises；

　　3. to appoint boards of supervisors to Funded Enterprises in accordance with regulations；

　　4. to appoint， dismiss and assess the responsible persons of Funded Enterprises in accordance with statutory procedures， and to reward or penalize them on the basis of the results of the assessments；

　　5. to supervise the maintenance of and increase in the value of State-owned assets of enterprises through such methods as statistics and audits； and

　　6. to perform other duties of investors and to undertake other duties delegated to them by the government at the same level.

　　The State-owned assets supervision and administration authority of the State Council may， in a

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