(Adopted at the 26th meeting of the Standing Committee of the 12th People's Congress of Shanxi Province on May 30th, 3 1 year)
The 26th meeting of the Standing Committee of the 12th People's Congress of Shanxi Province decided to abolish the Regulations on Township Enterprises in Shanxi Province adopted at the 31st meeting of the Standing Committee of the 8th People's Congress of Shanxi Province on February 4th.
Recently, the just-concluded 26th meeting of the Standing Committee of the 12th Provincial People's Congress decided to abolish the Regulations on Township Enterprises in Shanxi Province (hereinafter referred to as the Regulations), which has been formulated and implemented for nearly 20 years.
The Regulations have been adopted by the 31st meeting of the Standing Committee of the Eighth Provincial People's Congress on February 4th 1997. Last June, 5438+ 10, during the Fourth Session of the 12th Provincial People's Congress, 10 deputies, including Wang Jiwei, jointly proposed a motion to abolish the Ordinance. According to the Regulations on Local Legislation in Shanxi Province and the Regulations on Handling Bills, the Financial and Economic Committee of the Provincial People's Congress conducted in-depth investigation and study, and invited people from all walks of life to demonstrate repeatedly. I believe that since the implementation of the regulations, it has played a positive role in promoting the development of township enterprises, protecting their legitimate rights and interests, standardizing their behavior and prospering the rural economy.
However, with the continuous development of economy and society and the improvement of macroeconomic policies, the state has successively implemented laws such as the Law on Wholly Owned Enterprises, the Law on Farmers' Specialized Cooperatives, the Law on the Promotion of Small and Medium-sized Enterprises, and revised the Regulations on Rural Collectively Owned Enterprises. Our province has also formulated and implemented laws and regulations to promote and standardize the development of small and medium-sized enterprises. At the same time, the main body of law enforcement of the regulations no longer exists. After the institutional reform, the original township enterprise bureau was cancelled and a new provincial small and medium-sized enterprise bureau was established. Its main responsibility has been changed to serve small and medium-sized enterprises and the non-public economy. In reality, new forms and standards of enterprise division have been formed, and township enterprises have been transformed into small and medium-sized enterprises and non-public economic entities through restructuring, merger and reorganization. The legislative purpose, law enforcement subject and content of the Regulations on Township Enterprises in Shanxi Province have lost their guiding role and can no longer meet the actual needs of economic development in our province.
"Regulations on Township Enterprises in Shanxi Province" Specific Contents
Article 1 In order to promote the sustained, rapid and healthy development of township enterprises, protect the legitimate rights and interests of township enterprises, and standardize the behavior of township enterprises, these Regulations are formulated in accordance with the provisions of the Law of People's Republic of China (PRC) on Township Enterprises and other relevant laws and regulations, combined with the actual situation of this province.
Article 2 The term "township enterprises" as mentioned in these Regulations refers to all kinds of enterprises organized by rural collective economic organizations or farmers in townships (including villages under their jurisdiction) to undertake the obligation of supporting agriculture.
Article 3 The main forms of township enterprises are:
(1) Enterprises organized by township (town) collective economic organizations;
(two) enterprises organized by the village (village group) collective economic organizations;
(3) Collective economic organizations of townships (towns) and villages (villagers' groups) or enterprises organized by farmers in the form of joint-stock cooperative system or joint-stock cooperative system;
(4) Enterprises organized by farmers in partnership;
(5) Enterprises organized by individual farmers;
(six) joint ventures and cooperative enterprises between township enterprises and other enterprises, institutions, individuals and foreign investors;
(seven) other forms of township enterprises as prescribed by laws and administrative regulations.
Article 4 The following enterprises that undertake the obligation of supporting agriculture shall be treated as township enterprises:
(1) Branches established by township enterprises in cities;
(two) enterprises run by rural collective economic organizations in cities.
Fifth people's governments at all levels should actively support, rationally plan, correctly guide and manage township enterprises according to law.
Sixth people's governments at all levels shall commend or reward units or individuals that have made remarkable achievements in the development of township enterprises.
Seventh administrative departments of township enterprises of the people's governments at or above the county level shall be responsible for the planning, coordination, supervision and service of township enterprises within their respective administrative areas. Their main duties are:
(a) to publicize and implement the laws and regulations on township enterprises, and supervise and inspect the implementation;
(two) to guide the development direction of township enterprises and guide the adjustment of industrial and product structure of township enterprises;
(three) responsible for the management and use of the development fund for township enterprises;
(four) to coordinate the relationship between township enterprises and relevant parties, and provide consulting and information services for the decision-making of production and operation of township enterprises;
(five) to organize the education and training of the employees of township enterprises, and to carry out the activities of creating civilized township enterprises;
(six) in accordance with the relevant provisions of the state and the province, responsible for the collection and use of management fees for township enterprises;
(seven) to assist the relevant departments to improve the mass organizations of township enterprises according to law and safeguard the legitimate rights and interests of workers;
(eight) other work related to the management of township enterprises.
Township enterprise management institutions should give full play to their functions and improve their service level.
Eighth people's governments at all levels should encourage the development of joint-stock cooperative system, joint-stock cooperative system and other forms and economic components of township enterprises. Conditional township enterprises can set up cross-regional, cross-industry and cross-ownership enterprise groups.
Article 9 The establishment of township enterprises shall conform to the national industrial policy. The administrative departments of township enterprises shall assist in the feasibility demonstration of developing and utilizing natural resources or large-scale investment projects.
Article 10 The establishment, change of name and domicile, division, merger, closure or termination of a township enterprise shall, within 30 days from the date of registration of establishment, change of registration or cancellation of registration according to law, go through the registration formalities with the administrative department of township enterprises at the same level of the registration authority.
Township enterprises shall report their production, operation and support for agriculture to the local administrative department of township enterprises every year.
Eleventh township enterprises should be based on market demand, national industrial policies and local advantages, rationally adjust the industrial structure and product structure, and constantly develop new products and famous and special products with low resource consumption and high technology content; Continuously strengthen technical transformation, adopt advanced technology, production technology and equipment, and improve product quality; Constantly improve the operating mechanism, improve the management level and improve the overall quality of enterprises.
Twelfth township enterprises should be based on the principle of "who invests, who owns", to determine the ownership of property rights.
The ownership of property contracted and leased by township enterprises remains unchanged.
Article 13 Township enterprises with collective assets shall, under any of the following circumstances, carry out assets verification, liquidation of creditor's rights and debts, asset evaluation and definition of property rights, and report to the administrative department of township enterprises at the county level for the record with the consent of the asset owner:
(a) the restructuring of joint-stock and joint-stock cooperative enterprises;
(two) the implementation of mergers, auctions and transfers;
(3) Quantifying existing assets or converting them into shares for sale;
(4) Joint ventures, cooperative operations or joint ventures with other enterprises, organizations or individuals;
(5) The enterprise terminates, suspends business or changes its legal representative.
The assets evaluation and property right definition of township enterprises shall be subject to the guidance, management and supervision of the administrative departments of township enterprises.
Article 14 The lawful rights and interests and property of township enterprises shall be protected by law. No organization or individual may interfere with the production and operation of township enterprises in violation of laws and regulations, change the property rights relationship of township enterprises, and may not occupy or use the property of township enterprises without compensation.
Fifteenth township enterprises from the after-tax profits to extract 10% of the funds for supporting agriculture and rural social expenditure, of which the funds for supporting agriculture accounted for 5%.
Sixteenth township enterprises can enjoy the following preferential treatment according to the relevant tax provisions of the state:
(a) township enterprises with high product quality, good sales, pollution control and reliable measures to protect resources and the environment are exempt from the adjustment tax on the investment direction of fixed assets;
(two) the newly established township enterprises in poverty-stricken areas can be exempted from income tax within three years;
(three) township enterprises can reduce the income tax by 10% according to the income tax payable;
(4) For enterprises that produce waste water, waste gas, waste residue and other wastes as the main raw materials, the income tax shall be reduced or exempted within five years from the date of production;
(five) other tax incentives stipulated by the state.
Seventeenth provincial, city and county people's governments and regional administrative offices shall set up township enterprise development funds. The fund consists of the following funds:
(a) the liquidity allocated by the government to township enterprises;
(two) the development funds of provincial township enterprises arranged in the provincial coal energy base construction fund;
(three) the funds for township enterprises in the coke energy fund turned over by township enterprises;
(four) a certain proportion of funds paid by township enterprises to local tax revenue growth every year;
(five) the income generated by the use of funds;
(6) Funds provided voluntarily by rural collective economic organizations, township enterprises and farmers.
The first four funds listed above should be increased year by year according to their financial situation.
The development fund of township enterprises should be managed according to law, and supervision should be strengthened. It should be used exclusively to support the development of township enterprises and should not be used for other purposes.
Eighteenth new product development and technology development of township enterprises required funds included in the cost according to the relevant provisions of the state.
Township enterprises should increase the annual depreciation rate of fixed assets according to the relevant provisions of the state.
Nineteenth annual financial support for agriculture working capital and spark plan funds should be used to support the development of township enterprises.
Twentieth provinces, districts, municipal people's government, the regional administrative office of the annual special technical transformation funds should be used for a certain proportion of technical transformation of key township enterprises.
Twenty-first provincial export base construction funds should have a certain proportion of funds for export-oriented township enterprises every year to encourage the development of export-oriented township enterprises.
Twenty-second mineral products mined or processed by township enterprises need to be transported by railway, which should be included in the transportation plan of the whole province, and can be declared to the railway department by the administrative department of township enterprises for coordination and settlement.
Twenty-third people's governments at all levels should encourage scientific and technical personnel, management personnel and college graduates to work in township enterprises, regularly evaluate professional and technical titles, and issue professional and technical post qualification certificates recognized by the state.
Township enterprises should take preferential measures within their functions and powers, introduce technology through various channels and forms, and attract talents.
Twenty-fourth township enterprises should strictly control and economize on the use of land, and rationally develop and utilize natural resources in accordance with the provisions of laws and regulations. In order to prevent waste of resources, it is forbidden to destroy resources.
Twenty-fifth township enterprises must abide by the laws and regulations on environmental protection and labor safety, actively develop pollution-free and less polluting enterprises, and protect and improve the environment; Take effective measures to ensure safety in production.
Twenty-sixth township enterprises in accordance with the provisions of the payment of environmental pollution fees, you can apply to the competent administrative department of environmental protection for enterprise pollution control funds; Environmental protection departments at all levels shall co-ordinate the sewage charges collected from township enterprises for pollution control of township enterprises, and shall not intercept or misappropriate them.
Twenty-seventh people's governments at all levels should strictly stop all kinds of acts that increase the burden on township enterprises.
No organ, unit or department may illegally charge, fine, apportion, raise funds or ask for manpower, material resources and financial resources from township enterprises.
Township enterprises have the right to refuse illegal charges, fines, apportionment and compulsory fund-raising
Twenty-eighth administrative departments of township enterprises at all levels should establish and organize the implementation of the registration card system for township enterprises to pay administrative fees, and strengthen the supervision and inspection of various fees. If illegal fees, fines, apportionment and fund-raising are found, they shall be stopped or investigated in conjunction with relevant departments.
Twenty-ninth in violation of the provisions of this Ordinance, not to the administrative department of township enterprises for establishment, change or cancellation of registration and submit the annual report of township enterprises, the administrative department of township enterprises at or above the county level shall order it to make corrections within a time limit.
Thirtieth in violation of the provisions of article fourteenth of this Ordinance, the administrative department of township enterprises at or above the county level shall order it to make corrections within a time limit; Refuses to correct, it is suggested that the relevant departments give administrative sanctions to the person directly responsible; Causing economic losses to township enterprises, compensation shall be made according to law.
Thirty-first units and individuals that illegally collect fees, fines, apportion or raise funds from township enterprises have the right to appeal or accuse them according to law; The relevant departments and higher authorities shall stop it and return the property within a time limit; The relevant departments shall, in accordance with the provisions of relevant laws and regulations, give corresponding punishment to the person directly responsible according to the seriousness of the case.
Thirty-second township enterprises that should be evaluated according to law but have not been evaluated shall be ordered by the administrative department of township enterprises at or above the county level to make corrections within a time limit.
Units and individuals that have caused the loss of collective assets shall be ordered by the administrative departments of township enterprises at or above the county level to recover the lost assets, and the relevant departments shall be suggested to give administrative sanctions to the person in charge of the unit and the person directly responsible; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 33 Where a township enterprise violates the provisions of these Regulations and does not undertake the obligation of supporting agriculture, the administrative department of township enterprises at or above the county level shall order it to make corrections, and before making corrections, it may stop enjoying part or all of the preferential treatment stipulated by the state and these Regulations.
Article 34 Where the administrative law enforcement officers of the administrative departments of township enterprises and other relevant departments neglect their duties, practise fraud, abuse their powers or engage in malpractices for selfish ends, they shall be given administrative sanctions by their units or the competent department at a higher level according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-fifth problems in the specific application of these Regulations shall be interpreted by the provincial people's government.
Article 36 These Regulations shall come into force as of 1998 1 month 1 day.