The invested enterprises shall be determined and announced by the Municipal People's Government. Article 3 The municipal state-owned assets supervision and administration agency shall perform the investor's duties on behalf of the municipal people's government, enjoy the owner's rights and interests, supervise and manage the state-owned assets of enterprises in accordance with the law, and guide and supervise the supervision and management of state-owned assets of the county and district people's governments.
The municipal state-owned assets supervision and administration agency does not perform the government’s social welfare management functions, and other government agencies and departments do not perform their duties as investors of state-owned assets.
State-owned assets management implements a system that combines asset management with people and affairs management. Chapter 2 Municipal State-owned Assets Supervision and Administration Agency Article 4 The Municipal State-owned Assets Supervision and Administration Agency shall support the independent operation of the invested enterprises and shall not interfere with the production and operation activities of the enterprise except for performing the investor's responsibilities and supervising and managing state-owned assets in accordance with the law. Article 5 The municipal state-owned assets supervision and administration agency shall formulate and implement state-owned economic development plans and plans that promote the rational flow and optimal allocation of state-owned assets. Article 6: The municipal state-owned assets supervision and administration agency is responsible for the basic management work such as the definition of state-owned assets property rights, property rights transactions and asset evaluation supervision, asset liquidation and capital verification, asset statistics, performance evaluation, etc. of invested enterprises. Article 7 The municipal state-owned assets supervision and administration agency shall, in accordance with relevant regulations, establish and improve the enterprise state-owned assets assessment index evaluation system, and conduct quantitative and qualitative comparisons of the operating conditions, financial benefits, debt repayment capabilities, development capabilities, etc. of the invested enterprises' state-owned assets. Analyze and make accurate evaluations. Article 8 The transfer of state-owned assets of an enterprise shall be conducted openly in a qualified property rights trading place, and relevant procedures shall be strictly followed. Article 9 The municipal state-owned assets supervision and administration agency shall, in accordance with relevant regulations, define and register the property rights of state-owned assets for enterprises, establish and improve the property rights registration archive system, conduct regular analysis, and report to the Municipal People's Government the status of the state-owned assets property rights of enterprises. Article 10: The municipal state-owned assets supervision and administration agency is responsible for supervising the payment of income from state-owned assets of the invested enterprises.
The income collected from state-owned assets of enterprises is included in the state-owned capital operating budget of the Municipal People's Government and is mainly used for the development of the state-owned economy, including reinvestment of state-owned assets, adjustment of industrial structure, replenishment of capital of state-owned enterprises, and capital increase of state-owned equity of joint-stock companies. Expand shares, meet necessary expenditures such as the reform of state-owned enterprises, and other necessary expenditures determined by the Municipal People's Government. Article 11 On the basis of the state-owned capital operation budget prepared by the invested enterprise, the municipal state-owned assets supervision and administration agency shall put forward reinvestment budget suggestions in accordance with the requirements of optimizing the layout of the state-owned economy, and submit them to the Municipal People's Government for approval before organizing the implementation. Article 12 The municipal state-owned assets supervision and administration agency adopts two methods: direct supervision and authorized supervision of the state-owned assets of the invested enterprises.
Among the invested enterprises, wholly state-owned companies and wholly state-owned enterprises with large asset scales, complete corporate governance structures, sound internal management systems, and good operating conditions can be subject to authorized operation and management. Other enterprises shall be subject to direct supervision.
For authorized operation and management, the municipal state-owned assets supervision and administration agency shall sign a power of attorney, clarifying the scope, period, rights and obligations of both parties, etc. Authorized enterprises operate, manage and supervise state-owned assets formed by state investment in their holding, equity-holding or wholly-owned subsidiaries in accordance with the law. Chapter 3 General Provisions on the Invested Enterprises Article 13 The invested enterprises shall accept the supervision and management implemented by the municipal state-owned assets supervision and administration agency in accordance with the law and shall not damage the legitimate rights and interests of the investors; efforts shall be made to improve economic efficiency, and those responsible for operation and management shall be State-owned assets bear the responsibility of maintaining and increasing their value.
The invested enterprises shall establish investment management systems and investment decision-making procedures to strictly control investment risks.
Article 14 When the invested enterprise transfers the state-owned property rights of the enterprise, it shall comply with the following provisions:
(1) The assessed value of the transfer of a wholly state-owned enterprise or a wholly state-owned company authorized for operation and management is less than 1 million yuan If the state-owned property rights of an enterprise (including 1 million yuan) do not affect the state’s controlling status, the authorized unit can make its own decision and report it to the municipal state-owned assets supervision and administration agency for filing within 15 days after the transfer;
(2) A wholly state-owned enterprise or a wholly state-owned company that is authorized for operation and management intends to transfer the state-owned property rights of the enterprise with an estimated value of more than 1 million yuan, and the invested enterprise that is not authorized for operation and management plans to transfer the state-owned property rights of the enterprise, but this will not affect the state-controlled status If the invested enterprise transfers all the property rights of the enterprise or transfers part of the state-owned property rights so that the state no longer has a controlling position, it shall be submitted to the municipal state-owned assets supervision and administration agency for approval;
After institutional review, it shall be submitted to the Municipal People's Government for approval.
The Municipal People's Government may adjust the amount specified in the preceding paragraph based on the actual situation.