Enterprises should exercise the right to operate according to the law in accordance with the asset management form stipulated by the state.
The right to operate an enterprise is protected by law. If an enterprise illegally interferes with its management right, the enterprise has the right to appeal to the government and relevant government departments or bring a lawsuit to the people's court according to law. Article 3 Where an enterprise adjusts its business scope according to the industrial policies of the state and the autonomous region and the needs of the market, it shall directly apply to the administrative department for industry and commerce for registration of change, except as otherwise provided by laws and the State Council. The administrative department for industry and commerce shall, within fifteen days from the date of receiving the application, handle the registration of change or give a clear answer.
The State Council and the planning department of the autonomous region issued mandatory plans and organized the supply and demand sides to sign contracts.
In addition to the planning departments of the State Council and the autonomous region, the departments of the autonomous region and the cities and counties of the Union shall not issue or add mandatory plans to enterprises. Article 4 A few products managed by the competent price department of the State Council and the competent price department of the autonomous region government shall be compiled and issued by the competent price department of the autonomous region, and the products outside the catalogue shall be priced independently by enterprises.
The price departments of Union City, Qixian County and industry departments at all levels do not enjoy the pricing power of enterprise products. Fifth enterprises have the right to independently determine the sales channels, sales targets and sales methods of products not included in the mandatory plan. Governments and departments at all levels shall not obstruct or restrict them.
Mandatory planned products produced by an enterprise must be purchased by the buyer's enterprise or the purchasing unit designated by the government according to the order contract. If the purchase is not made according to the contract, the enterprise has the right to ask the planning department of the autonomous region to coordinate and solve the problem, and may also apply to the economic contract arbitration institution for arbitration or bring a lawsuit to the people's court. Products that have been produced can be sold by enterprises themselves. Article 6 An enterprise shall have the right to request the signing of a contract for the mandatory planned supply of materials with the production enterprise or other suppliers. The supplier must supply the goods according to the contract. If the supplier fails to perform the contract, the enterprise has the right to ask the planning department to urge it to perform; If it still fails to perform, the enterprise that produces mandatory planned products shall not use this material as raw material to produce mandatory planned products.
Enterprises independently purchase materials needed for production, sign orders independently, and exchange materials independently. No department or unit may interfere or stipulate suppliers and supply channels for enterprises. If the compulsory designation of suppliers and supply channels causes losses to the enterprise, the enterprise has the right to claim compensation. Article 7 Enterprises have the right to independently choose foreign trade agents to engage in import and export business and participate in foreign negotiations throughout the country. The prices of export products shall be determined by the production enterprises, foreign trade enterprises and foreign businessmen through consultation, and no department shall interfere.
Enterprises applying for import and export rights shall be handled in accordance with the relevant provisions of the State Council. The Economic and Trade Department of the Autonomous Region and the Economic Commission shall provide guidance and services for qualified enterprises to apply for import and export rights.
Enterprises that have obtained the right of self-import with the approval of the state enjoy the same treatment as foreign trade enterprises. The rights granted by the state to self-operated import and export enterprises shall not be withheld by any department.
Support and encourage foreign trade enterprises, self-operated import and export enterprises and other enterprises to form groups by means of joint venture, cooperation, equity participation and merger, so as to drive other enterprises to expand their import and export business.
Any enterprise with the conditions to engage in foreign trade business can directly carry out import and export business with foreign trade companies and industry and trade companies with import and export rights by signing agency agreements.
Enterprises have the right to determine the number of entry-exit personnel of their own enterprises according to the needs of import and export business. Enterprises belonging to the autonomous region shall be examined and approved by the competent department of the autonomous region government, and other enterprises shall be examined and approved by the competent department of the Union City. Relevant government departments should allow and support enterprises to apply for long-term passports for overseas personnel who need it on business. Foreign affairs, economy and trade, personnel, public security, foreign exchange management and other departments should simplify procedures, improve work efficiency, and handle entry and exit procedures in a timely manner.
The foreign trade and economic cooperation and foreign exchange administration departments shall directly transfer the retained foreign exchange allocated to enterprises in accordance with the provisions of the state on foreign exchange control to the production enterprises and deposit it in the enterprise's retained foreign exchange account. According to the relevant provisions of the state, enterprises independently use the retained foreign exchange for foreign exchange adjustment. According to the regulations, the tax refund must be returned to the enterprise in full, and no department or unit may in any way transfer or intercept the foreign exchange retained by the enterprise and the RMB that should be returned after payment. Article 8 An enterprise has the right to invest or take shares in other domestic enterprises and institutions in the form of retained funds, physical objects, land use rights, industrial property rights and non-patented technologies across regions, industries and ownership systems in accordance with laws and relevant regulations of the State Council. According to the relevant regulations of the state and the autonomous region, you can also invest or start enterprises abroad.
Enterprises engaged in production and construction with retained funds and self-raised funds can solve the conditions of production and construction by themselves, and the project is decided by the enterprise independently, and reported to the relevant departments of the government at the same level for the record and subject to supervision. Capital construction projects should be reported to the Planning Commission for the record, and technical transformation projects should be reported to the Economic Commission for the record. Government land management, urban planning, urban construction, environmental protection and other departments should handle relevant procedures for enterprises in a timely manner.
Enterprises engaged in production and construction can not solve their own production conditions, need government investment, or issue bonds to the society, and report to the relevant government departments for approval: capital construction projects are reported to the Planning Commission for approval, and technical transformation projects are reported to the Economic Commission for approval; Land management, urban planning, urban construction, environmental protection and other departments should complete the relevant procedures within five days respectively. One-time centralized acceptance of enterprise production and construction projects: the basic construction projects shall be uniformly implemented by the relevant departments organized by the construction administrative department; Technical transformation projects should be carried out by the relevant departments of the Economic Commission. If an enterprise needs to borrow money from a bank for production and construction, it shall be examined and decided by the bank.
Enterprises use retained profits to arrange production and construction projects or supplement working capital. Upon the application of the enterprise and the approval of the tax authorities, 40% of the income tax paid by the reinvested enterprise or the supplementary part will be refunded within half a year. Enterprises can independently determine the proportion of new product development funds according to their affordability without affecting the tasks handed in.