The term "state-owned assets of enterprises" as mentioned in these Regulations refers to the rights and interests formed by the state's various forms of capital contribution to enterprises.
The state-funded enterprises mentioned in these Regulations refer to wholly state-owned enterprises, wholly state-owned companies, state-owned capital holding companies and state-owned capital holding companies. Article 3 State-owned assets of enterprises belong to the state. The people's governments of provinces, districts, cities and counties (cities, districts) shall, in accordance with the provisions of laws and regulations, perform the responsibilities of investors to state-funded enterprises on behalf of the state and enjoy the rights and interests of investors. Article 4 The supervision and management of state-owned assets of enterprises shall adhere to the principle of separating government from enterprises, separating the management functions of the public from those of the investors of state-owned assets, and not interfering with the independent operation of enterprises according to law, and implement a state-owned assets management system in which rights, obligations and responsibilities are unified and assets managers are in charge.
The people's governments at or above the county level shall establish and improve the assessment and accountability system for maintaining and increasing the value of state-owned assets, and implement the responsibility for maintaining and increasing the value of state-owned assets of enterprises. Article 5 The people's governments of provinces and cities divided into districts shall set up the State-owned Assets Supervision and Administration Commission, as an ad hoc body directly under the people's government at the corresponding level, to perform the responsibilities of investors according to the authorization of the people's government at the corresponding level, and to supervise and manage the state-owned assets of state-funded enterprises according to law. The people's governments of cities and counties (cities, districts) that do not separately set up the State-owned Assets Supervision and Administration Commission shall authorize a department or institution to undertake the duties of supervision and administration of state-owned assets.
The State-owned Assets Supervision and Administration Commission specified in the preceding paragraph and the departments or institutions undertaking the supervision and administration of state-owned assets are collectively referred to as state-owned assets supervision and administration institutions.
The state-owned assets of enterprises in the cultural field shall be performed by the state-owned assets supervision and administration institution according to law, and other supervision and administration work may be entrusted to relevant departments or institutions for implementation in accordance with these regulations. Article 6 The state-owned assets supervision and administration institution shall be responsible to the people's government at the corresponding level, report to the people's government at the corresponding level on the performance of the investor's duties, accept the supervision and assessment of the people's government at the corresponding level, and be responsible for maintaining and increasing the value of state-owned assets.
The state-owned assets supervision and administration institution of the people's government at a higher level shall guide and supervise the state-owned assets supervision and administration of the people's government at a lower level according to law. Article 7 State-owned assets supervision and administration institutions shall perform their duties such as income from assets, participation in major decisions and selection of managers, protect the rights and interests of investors and prevent the loss of state-owned assets.
The state-owned assets supervision and administration institution shall safeguard the rights enjoyed by enterprises as market entities according to law, and shall not interfere with the business activities of enterprises except performing the responsibilities of investors according to law. Article 8 State-funded enterprises have independent legal person property and enjoy legal person property rights.
State-funded enterprises shall, in accordance with the principle of separating decision-making, implementation and supervision, establish and improve the corporate governance structure, improve the scientific, democratic and institutionalized level of enterprise management, and ensure the preservation and appreciation of state-owned assets.
State-funded enterprises shall engage in business activities according to law, accept the management and supervision of the people's government and its relevant departments and institutions according to law, be responsible to the investors, accept public supervision and assume social responsibilities. Article 9 State-funded enterprises shall implement democratic management through workers' congresses or other forms, establish and improve a fair, reasonable, open and transparent salary system that integrates incentives and constraints, improve the level of labor protection and safe production, and protect the legitimate rights and interests of workers according to law. Chapter II Selection and Assessment of Managers of State-funded Enterprises Article 10 The people's governments at or above the county level shall establish and improve the performance appraisal system for managers of state-funded enterprises, innovate the incentive and restraint mechanism that meets the requirements of modern enterprise system, and promote the sustained and healthy development of state-funded enterprises. Article 11 The state-owned assets supervision and administration institution shall, according to the affiliation and management authority of assets, appoint, remove or recommend managers of state-funded enterprises according to law.
The directors and supervisors of state-funded enterprises shall be the representatives of the employees, and shall be democratically elected by the employees in accordance with relevant laws and regulations. Article 12 The legal representative of a wholly state-owned enterprise shall be the director (manager); The legal representative of a wholly state-owned company shall be designated by the state-owned assets supervision and administration institution among the chairman, executive director and manager; The legal representatives of state-owned capital holding companies and state-owned capital joint-stock companies shall be determined in accordance with the articles of association and reported to the state-owned assets supervision and administration institution for the record.
The responsibilities of the legal representative should be clearly defined in the articles of association of the enterprise. The legal representative shall exercise his functions and powers in accordance with the provisions of laws, regulations and the articles of association of the enterprise, and bear the responsibilities. Thirteenth without the approval of the state-owned assets supervision and administration institution, the legal representative of a wholly state-owned enterprise, a wholly state-owned company or a state-owned capital holding company shall not concurrently serve as the legal representative of other enterprises or economic organizations.
Without the approval of the state-owned assets supervision and administration institution, the directors and senior managers of a wholly state-owned enterprise or company may not hold part-time jobs in other enterprises, institutions and economic organizations. Those who are approved to work part-time shall not receive part-time remuneration without authorization.