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

in the capacity of organizations authorized by the State to invest.

　　Article 28　State-owned assets supervision and administration authorities may authorize the wholly State-owned enterprises and companies among their Funded Enterprises that are qualified to o

perate State-owned assets.

　　Wholly State-owned enterprises and companies so authorized shall operate， administer and supervise， in accordance with the law， State-owned assets created by State investment in the enterprises that they wholly own， have a controlling interest， or have an equity participation.

　　Article 29　Authorized wholly State-owned enterprises and companies shall establish and improve standardized modern enterprise systems and shall be responsible for maintaining and increasing the value of State-owned assets of enterprises.

　　PART FIVE

　　ADMINISTRATION OF STATE-OWNED ASSETS OF ENTERPRISES

　　Article 30　State-owned assets supervision and administration authorities shall be responsible for basic administration of State-owned assets of enterprises such as delineation and registration of property rights， regulation of asset valuation， inventorying of assets and verification of capital， compilation of statistics concerning assets， overall valuation， etc. in accordance with relevant State regulations.

　　State-owned assets supervision and administration authorities shall coordinate resolution of disputes between their Funded Enterprises over property rights to the State-owned assets of enterprises.

　　Article 31　State-owned assets supervision and administration authorities shall establish systems for supervising and administering transactions involving property rights over the State-owned assets of enterprises， strengthen supervision and administration of transactions involving property rights over the State-owned assets of enterprises， promote the rational circulation of the State-owned assets of enterprises， and prevent the loss of the State-owned assets of enterprises.

　　Article 32　State-owned assets supervision and administration authorities shall perform their duties as investors in respect of the income from the State-owned assets of their Funded Enterprises in accordance with the law. They shall perform their duties as investors in respect of the major investment and financing plans， development strategies and plans of their Funded Enterprises in accordance with State development plans and industrial policies.

　　Article 33　Major disposal of assets of wholly State-owned enterprises and companies among the Funded Enterprises that must be approved by State-owned assets supervision and administration authorities shall be carried out in accordance with relevant regulations.

　　PART SIX　SUPERVISION OF STATE-OWNED ASSETS OF ENTERPRISES

　　Article 34　The State-owned assets supervision and administration authority of the State Council shall， on behalf of the State Council， appoint supervisory boards to wholly State-owned enterprises and companies among its Funded Enterprises. The composition， functions and standards of acts， etc. of such supervisory boards shall be handled in accord with the Supervisory Boards of State-owned Enterprises Tentative Regulations.

　　The State-owned assets supervision and administration authorities of local people's governments shall， on behalf of the people's governments at the same level， appoint supervisory boards to wholly State-owned enterprises and companies among their Funded Enterprises with reference to the Supervisory Boards of State-Owned Enterprises Tentative Regulations.

　　Article 35　State-owned assets supervision and administration authorities shall， in accordance with the law， supervise the finances of their Funded Enterprises， establish and improve index systems for the maintenance of and increase in the value of State-owned assets and safeguard the rights and interests of the investors of State-owned assets.

　　Article 36　State-owned and State-controlled enterprises shall strengthen internal supervision and risk control and shall， in accordance with the relevant State regulations， establish sound systems for finance， audit， enterprise legal counsel and democratic superv

ision by staff and workers， etc.

　　Article 37　Wholly State-owned enterprises and companies among Funded Enterprises shall， in accordance with regulations， regularly report on their financial position， production and operation， and the maintenance of and increase in the value of the State-owned assets to the State-owned assets supervision and administration authority.

　　PART SEVEN

　　LEGAL LIABILITY

　　Article 38　If a State-owned assets supervision and administration authority fails to appoint and dismiss， or propose the appointment and dismissal of， responsible persons of its Funded Enterprises in accordance with regulations， or interfere in the production and operation activities of its Funded Enterprises in violation of the law， thereby infringing the lawful rights and interests of the enterprises and causing loss of the State-owned assets of the enterprises or other serious consequences， the persons directly in charge and other directly responsible persons shall be subjected to administrative penalties in accordance with the law. If a criminal offence is constituted， criminal liability shall be pursued in accordance with the law.

　　Article 39　If a wholly State-owned enterprise or company among Funded Enterprises fails to report its financial position， production and operation， and maintenance of and increase in the value of State-owned assets to the State-owned assets supervision and administration authority in accordance with regulations， it shall be issued a warning. If the circumstances are serious， the persons directly in charge and other directly responsible persons shall be subjected to disciplinary punishment in accordance with the law.

　　Article 40　If a responsible person of a State-owned or State-controlled enterprise abuses his powers or is derelict in his duties， thereby causing loss of State-owned assets of enterprises， he shall be liable for compensation and shall be subjected to disciplinary punishment in accordance with the law. If a criminal offence is constituted， criminal liability shall be pursued in accordance with the law.

　　Article 41　A responsible person of a State-owned or State-controlled enterprise that is removed from office or subjected to heavier disciplinary punishment for his responsibility for the loss of State-owned assets of enterprises may not serve as a responsible person of any State-owned or State-controlled enterprise within five years. If he has caused major losses of State-owned assets of enterprises or is sentenced to criminal punishment， he may never serve as a responsible person of any State-owned or State-controlled enterprise again.

　　PART EIGHT　SUPPLEMENTARY PROVISIONS

　　Article 42　The organizational form， organizational structure， rights and obligations of State-owned enterprises， State-controlled enterprises and enterprises in which the State has an equity participation shall comply with the provisions of laws such as the PRC， Company Law， administrative regulations and these Regulations.

　　Article 43　The establishment of grassroots organizations of the Communist Party of China， socialist spiritual civilization and the Party's practices and honesty in State-owned enterprises， State-controlled enterprises and enterprises in which the State has an equity participation shall be handled in accordance with the Communist Party of China， Constitution and the relevant regulations.

　　Labour unions in State-owned enterprises， State-controlled enterprises and enterprises in which the State has an equity participation shall be handled in accordance with the PRC， Labour Union Law and the PRC， Charter of Labour Union.

　　Article 44　The State-owned assets supervision and administration authority of the State Council and the people's governments of provinces， autonomous regions and municipalities directly under the central government may formulate implementing procedures in accordance with these Regu

lations.

　　Article 45　In the event of inconsistencies between administrative regulations on the supervision and administration of State-owned assets of enterprises formulated prior to the implementation hereof and these Regulations， these Regulations shall prevail.

　　Article 46　Work units in which government and enterprise have not been separated shall accelerate reform and realize the separation of government and enterprise in accordance with the regulations of the State Council. The State-owned assets supervision and administration authorities shall perform the duties of investors in enterprises in which government and enterprise have been separated and supervise and administer the State-owned assets of enterprises in accordance with the law.

　　Article 47　These Regulations shall be implemented as of the date of promulgation

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