In order to promote the effective use and rational flow of state-owned assets, safeguard the legitimate rights and interests of owners and operators, and adapt to the requirements of the law of commodity economy, the disposal of state-owned assets must follow certain principles:
1, the principle of disposal according to law. The disposal of state-owned assets is an economic power of the state and must be exercised in accordance with national laws.
2. The principle of equivalent compensation. Under the condition of commodity economy, the physical movement and value movement of state-owned assets disposal are consistent. In order to safeguard the rights and interests of the state, the disposal of state-owned assets must be paid in equal value.
3. The principle of economic benefit. The disposal of state-owned assets aims at improving economic benefits and follows the requirements of the law of value.
Legal basis: Law of People's Republic of China (PRC) on State-owned Assets of Enterprises.
Article 51 The term "transfer of state-owned assets" as mentioned in this Law refers to the act of transferring the rights and interests formed by the state's investment in enterprises to other units or individuals according to law; Except for the transfer of state-owned assets free of charge in accordance with state regulations.
Article 52 The transfer of state-owned assets shall be conducive to the strategic adjustment of the layout and structure of the state-owned economy, prevent the loss of state-owned assets, and shall not harm the legitimate rights and interests of all parties to the transaction.
Article 53 The transfer of state-owned assets shall be decided by the institution that performs the responsibilities of the investor. Where the institution performing the responsibilities of investor decides to transfer all state-owned assets, or transfer some state-owned assets so that the state no longer has a controlling position in the enterprise, it shall report to the people's government at the corresponding level for approval.
Article 54 The transfer of state-owned assets shall follow the principles of equal compensation, openness, fairness and impartiality.
Unless it can be directly transferred by agreement in accordance with state regulations, the transfer of state-owned assets shall be conducted in public at the legally established property rights trading place. The transferor shall truthfully disclose relevant information to attract the transferee; If there are more than two transferees in the bidding, the transfer shall be made through public bidding.