China Petrochemical Corporation Limited (hereinafter referred to as Sinopec Group) is a super-large petroleum and petrochemical enterprise group reorganized on the basis of the former sinopec group in July 1998. It is a state-owned company wholly owned by the state, an institution authorized by the state to invest and a state holding company. The registered capital of the company is 23 16 billion yuan, the chairman of the board is the legal representative, and the headquarters is located in Beijing.
China Petroleum and Natural Gas Group Co., Ltd. (China Petroleum Group for short) is a super-large state-owned central enterprise directly managed by the central government. According to the institutional reform plan of the State Council, it was established on the basis of the former China Oil and Gas Group Company in July 1998. It is a state-authorized investment institution and a state holding company. Implement the integration of upstream and downstream, domestic and foreign trade, production and marketing, and operate according to the modern enterprise system, across regions and regions.
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Identification standard of state-owned enterprises
Although there are many departmental regulations and other normative documents related to the concept of "state-owned enterprises", in practice, the legal provisions commonly used to identify state-owned enterprises are Document No.80 and Order No.32, of which Document No.80 applies to state-owned enterprises holding shares in listed companies and Order No.32 applies to the transaction of state-owned assets of enterprises. It should be said that Order No.32 and Document No.80 are in the same strain in the criteria for identifying state-owned enterprises.
Document No.80 or Order No.32 is applicable, and the scope of state-owned enterprises is different. If a wholly state-owned enterprise and/or a wholly state-owned enterprise holding 50% of the shares individually or collectively, and one of them is the largest shareholder, it will be recognized as a state-owned enterprise according to Document No.80 and a non-state-owned enterprise according to Decree No.32; However, enterprises actually controlled by the state will be recognized as state-owned enterprises according to Decree No.32 and non-state-owned enterprises according to Document No.80. Therefore, how to apply Document No.80 and Decree No.32 is also a problem that needs attention when recognizing state-owned enterprises.
Although Order No.32 is clearly applicable to the transaction of state-owned assets of enterprises, after the release of Order No.32, it was determined that State-owned enterprises should apply Order No.32 instead of Document No.80 on the following grounds:
1 and 32 orders are departmental regulations issued by SASAC and the Ministry of finance in the form of ministerial orders, while document No.80 is a normative document issued by SASAC general office in the form of official letters, and order No.32 has a higher legal rank;
2.32 Order was issued in June 20 16, and Document No.80 was issued in March 2008, updating the release time of Order No.32;
The extension of state-owned enterprises under Order No.3 and Order No.32 is wider, which means that the standards for the identification of state-owned enterprises by state-owned assets supervision departments are constantly improving. In practice, new standards should be applied to better meet the identification standards of state-owned assets supervision departments;
4. In the case that Decree No.32 classifies the actually controlled state-owned enterprises into state-owned enterprises, if Circular No.80 is still applied, the actually controlled state-owned enterprises will be recognized as non-state-owned enterprises, which seems to be inconsistent with relevant practices.
Baidu Encyclopedia-China Petrochemical Company Limited
Baidu Encyclopedia-China Oil and Gas Group Co., Ltd.