Full text of the regulations on the management of rural collective assets in Hebei Province
Chapter I General Provisions
Article 1 In order to strengthen the management of rural collective assets, safeguard the legitimate rights and interests of rural collective economic organizations, and develop and strengthen the rural collective economy, these Regulations are formulated in accordance with the provisions of the Agricultural Law of People's Republic of China (PRC), the Organic Law of Villagers' Committees of the People's Republic of China and other relevant laws and regulations, combined with the actual situation of this province.
Article 2 The term "rural collective assets" as mentioned in these Regulations refers to the assets collectively owned by all members of township (town) village collective organizations.
The term "rural collective economic organizations" as mentioned in these Regulations refers to independent accounting economic organizations established by township (town) and village farmers in the form of collective ownership of means of production and other assets.
Article 3 These Regulations shall apply to the collective asset management of township (town) village collective economic organizations within the administrative region of this province.
Fourth rural collective economic organizations have the right to possess, use, benefit and dispose of all their collective assets according to law.
Rural collective economic organizations and their members have the right and obligation to protect collective assets.
Villages that have not established collective economic organizations may exercise the management functions of collective assets by villagers' committees.
Article 5 The administrative department of agriculture (agricultural economy) of the people's governments at or above the county level (hereinafter referred to as the administrative department of agriculture) and the township (town) people's governments shall be responsible for unified guidance and supervision of the management of rural collective assets within their respective administrative areas.
Township enterprises, land, water conservancy, forestry, animal husbandry, aquatic products, agricultural machinery and other departments of the people's governments at all levels shall, under the unified coordination of agricultural administrative departments, guide and supervise the work related to the management of rural collective assets according to their respective functions and duties.
Article 6 The administrative departments of agriculture of the people's governments at or above the county level and the rural economic management institutions affiliated to the township (town) people's governments are the specific implementing agencies for the management of rural collective assets, and their main responsibilities are:
(a) the implementation of laws, regulations and rules relating to the management of collective assets;
(two) to guide, inspect, audit and supervise the financial activities of rural collective economic organizations;
(three) in accordance with the relevant provisions of the state and the province, to develop an evaluation index system for maintaining and increasing the value of collective assets, and to monitor the incremental investment of assets;
(four) responsible for collective assets statistics and property registration;
(five) to guide and supervise the evaluation of rural collective assets;
(six) to conduct business training, assessment and qualification examination for financial and accounting personnel of rural collective economic organizations according to law;
(seven) other duties authorized by the administrative department of agriculture of the people's government at or above the county level.
Chapter II Ownership of Collective Assets
Article 7 The collective assets of rural collective organizations include:
(1) Natural resources such as land, forests, mountains, grasslands, wasteland, water surface and beaches that are collectively owned by the law;
(2) Buildings, agricultural machinery, electromechanical equipment, means of transportation, communication tools, livestock, trees, orchards, irrigation and water conservancy facilities, mining facilities, rural roads and educational, scientific, technological, cultural, health and sports facilities of rural collective economic organizations;
(3) Assets of enterprises established or merged by rural collective economic organizations, assets owned by joint ventures, joint-stock cooperative enterprises, joint-stock enterprises, Sino-foreign joint ventures, cooperative enterprises and fund-raising construction projects according to their investment shares and corresponding value-added assets;
(4) Assets formed by state organs, social organizations, enterprises, institutions, other organizations and individuals' allocations, subsidies, tax reductions and exemptions, property donations, etc. to rural collective economic organizations;
(five) all cash, deposits and securities of rural collective economic organizations;
(6) Intangible assets such as trademark rights, patents and copyrights owned by rural collective economic organizations;
(seven) other rural collective assets.
Article 8 All collective assets of rural collective economic organizations are protected by law, and it is forbidden for any unit or individual to occupy, plunder, misappropriate, privately divide, damage, squander or illegally seal up, detain, freeze, confiscate or transfer rural collective assets, and it is forbidden to illegally use rural collective assets as collateral.
Article 9 If a rural collective economic organization acquires, changes or terminates the ownership of collective assets, and the amount of its collective assets is relatively large, it shall be discussed and agreed by the members' meeting or representative meeting, and shall, within 30 days from the date of acquiring, changing or terminating the ownership of collective assets, file with the township (town) rural economic management institution.
The specific limit of the large amount of collective assets mentioned in the preceding paragraph shall be determined by the administrative department of agriculture of the people's government at the county level.
Article 10 Disputes over the determination of the ownership of rural collective assets shall be settled by the parties concerned through consultation, unless otherwise stipulated by laws and regulations. If negotiation fails, the local people's government shall coordinate the handling, or bring a lawsuit directly to the people's court.
Chapter III Management of Collective Assets
Article 11 The people's governments at or above the county level shall establish a trading platform for rural property rights transfer focusing on the contracted management right of rural land and the transfer of forest rights, and provide services and institutional guarantee for the capitalization of rural assets, the marketization of rural resources and the diversification of farmers' income.
Twelfth people's governments at or above the county level shall strengthen the protection of the ownership of rural collective assets. For non-operating assets, an effective collective unified operation and management mechanism should be established to improve the service ability to the public. For operating assets, it is necessary to clarify the ownership of property rights and develop various forms of stock cooperation.
Thirteenth rural collective economic organizations are responsible for the management of rural collective assets, and their main responsibilities are:
(a) to implement the articles of association, resolutions and decisions adopted by the members' meeting of the collective economic organization or its representative meeting;
(two) to formulate rules and regulations for the management of collective assets;
(3) To send personnel to participate in the management work in accordance with the articles of association of joint ventures, joint-stock enterprises and joint ventures;
(four) to report to the meeting of members of the collective economic organization or its representative meeting on the management of collective assets;
(five) to guide and supervise the management and use of collective assets of subordinate institutions;
(six) responsible for the daily management of collective assets;
(seven) accept the guidance and supervision of rural economic management institutions on the management of their collective assets.
Fourteenth rural collective economic organizations should establish and improve the management and use system of fixed assets, products and materials, timely register the changes of assets, and ensure the consistency of accounts and materials.
Fifteenth rural collective economic organizations must establish and improve the cash management system, accounting and cashier management books, cash respectively. Accounting personnel shall, in accordance with the provisions, calculate income, expenditure and balance and prepare accounting statements.
Article 16 The income of rural collective economic organizations shall be recorded in accounting books in accordance with regulations, and public funds shall not be kept privately, small treasuries shall not be set up, and cash shall not be used. All expenses should be examined and approved by the financial leaders of collective economic organizations in accordance with the system, with strict examination and approval procedures and supervision by the masses.
Seventeenth rural collective economic organizations should establish a collective asset management system. Unless otherwise stipulated by laws, regulations and rules, the operator shall be determined through bidding. It is forbidden to contract or lease collective assets by taking advantage of authority to depress prices.
Rural collective economic organizations must conduct assets verification, liquidation of creditor's rights and debts, and assets evaluation before taking collective assets as shares, joint ventures and joint-stock cooperative operations.
Article 18 Rural collective economic organizations shall, in accordance with the requirements of the socialist market economy, establish a system for the circulation of collective assets, and promote the rational flow of collective assets through auction, sale, transfer, merger, share management and joint venture, so as to maintain and increase the value and develop the collective economy.
Nineteenth rural collective economic organizations should establish a collective asset reporting system, truthfully fill in the asset statistics report in accordance with the provisions, and report to the township (town) rural economic management institutions.
Article 20 Rural collective economic organizations shall establish a system of income distribution, settle annual revenues and expenditures at the end of the year, clear up financial affairs, creditor's rights and debts, perform contracting and leasing contracts, and withdraw funds needed for the development of production and social welfare undertakings in accordance with regulations.
Twenty-first special funds such as depreciation of fixed assets, barren hills, wasteland, wasteland, water surface and income from the transfer of the right to use small water conservancy projects shall be earmarked and shall not be misappropriated.
Twenty-second rural collective assets in any of the following circumstances, the rural collective economic organizations shall entrust an asset appraisal institution established according to law to conduct asset appraisal:
(a) the implementation of contracting, leasing, equity participation, joint venture, joint venture and cooperative operation;
(two) changes in property rights such as asset auction, transfer and property rights transaction;
(3) Merger, division and bankruptcy liquidation of affiliated enterprises;
(4) Mortgaged assets and other guarantees;
(5) Other assets that need to be evaluated.
After the evaluation of rural collective assets, the evaluation results shall be confirmed by the meeting of members of collective economic organizations or their representatives, and verified by the administrative department of agriculture of the people's government at the county level.
Twenty-third rural collective economic organizations shall accept the audit of their collective assets by rural economic management institutions.
Chapter IV Democratic Supervision of Collective Assets
Twenty-fourth rural collective economic organizations shall establish a democratic supervision group for collective assets.
The members of the township (town) democratic supervision team are democratically elected by the members' meeting of the township (town) collective economic organization or its representative meeting. The main person in charge of the township (town) people's government and collective economic organizations and their immediate family members shall not serve as members of the democratic supervision team.
According to the Regulations on the Financial Management of Village Collectives in Hebei Province, the village democratic financial management team exercises the democratic supervision over the village collective assets.
Twenty-fifth collective assets democratic supervision group is mainly responsible for:
(a) to supervise the implementation of the matters decided by the members' meeting of the rural collective economic organization or its representative meeting;
(two) to inspect and supervise the collective asset management and financial activities of collective economic organizations;
(three) to participate in the bidding activities of collective assets contracting and leasing, and to supervise the signing and performance of the contract;
(four) to listen to and reflect the opinions and suggestions of the masses on the management of collective assets;
(five) to assist rural economic management institutions to audit the collective assets of collective economic organizations;
(six) other duties as prescribed by laws and regulations.
Twenty-sixth rural collective economic organizations, the following matters must be discussed and approved by the members' meeting or the representative meeting:
(a) the annual financial budget and final accounts;
(two) the determination and change of the management mode of collective assets;
(three) the purchase and disposal of large-scale investment projects and important assets;
(four) the annual income distribution plan;
(5) Other important matters.
Twenty-seventh rural collective economic organizations to implement the system of collective assets disclosure. Rural collective economic organizations shall, in the form of public columns, truthfully announce the financial revenues and expenditures of contracting fees and rents, land compensation fees for expropriation, cadre subsidies, hospitality fees, start-up fees for public welfare undertakings, special subsidies allocated by superiors, changes in the ownership of collective assets, and plans for the use of homesteads one by one every quarter. Important matters shall be announced at any time and subject to supervision by the masses.
Twenty-eighth members of rural collective economic organizations have the right to inquire about the management of their collective assets, and the relevant person in charge of rural collective economic organizations shall give a reply within ten days.
Chapter V Legal Liability
Twenty-ninth in violation of the provisions of the provisions of article eighth, the township (town) people's government, the administrative department of agriculture of the people's government at or above the county level or the relevant departments shall be ordered to make corrections within a time limit; If economic losses are caused, compensation shall be made according to law, and the agricultural administrative department of the people's government at or above the county level may impose a fine of 10% to 20% of the amount of economic losses; If the responsible person is a national staff member, he shall be given administrative sanctions by his unit or the competent authority; In violation of the provisions of the "People's Republic of China (PRC) Public Security Administration Punishment Law", it shall be handled by the public security organs according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirtieth in violation of the provisions of Article 9, paragraph 1, Article 21, paragraph 1 and Article 27 of these regulations, the people's government of a township (town) or the administrative department of agriculture of the people's government at or above the county level shall criticize and educate the main responsible personnel and order them to make corrections within a time limit.
Thirty-first in violation of the provisions of article sixteenth of these regulations, the administrative department of agriculture of the people's government at or above the county level shall order it to make corrections within a time limit, and impose a fine of 10% to 30% on the party concerned.
Thirty-second in violation of the provisions of the first paragraph of article seventeenth, article twenty-sixth (four), the township (town) people's government or the people's government at or above the county level administrative department of agriculture shall be ordered to make corrections within a time limit; Causing economic losses, the main responsible personnel shall compensate according to law, and the administrative department of agriculture of the people's government at or above the county level shall impose a fine of 10% to 20% of the previous year's remuneration; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-third in violation of the provisions of the first paragraph of article twenty-second, the township (town) people's government or the administrative department of agriculture of the people's government at or above the county level shall be ordered to make corrections; Causing economic losses, the responsible person shall compensate according to law; Causing heavy economic losses, which constitutes a crime, shall be investigated for criminal responsibility according to law.
Article 34 Where the staff responsible for the management of rural collective assets of the people's governments at all levels abuse their powers, engage in malpractices for selfish ends or neglect their duties, resulting in the loss of rural collective assets, if the circumstances are minor, the unit to which they belong or the competent authority at a higher level shall give administrative sanctions to the directly responsible person in charge and other directly responsible personnel; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-fifth if a party refuses to accept the decision on administrative punishment, it may apply for reconsideration or bring a lawsuit according to law. If it fails to apply for reconsideration, bring a lawsuit or perform the punishment decision within the time limit, the organ that made the punishment decision may apply to the people's court for compulsory execution.
Chapter VI Supplementary Provisions
Thirty-sixth the implementation of independent accounting of the village (the original production team) of the collective asset management, with reference to these regulations.
Article 37 The administrative department of agriculture of the provincial people's government may formulate implementation measures according to these regulations, which shall be implemented after being approved by the provincial people's government.
Article 38 These Regulations shall come into force as of the date of promulgation.
Rural collective assets
Rural collective assets: Rural collective assets refer to resource assets and non-resource assets collectively owned by all members of villages and towns (towns and streets) and village collectives. Including: collectively owned land, forests, mountains, grasslands, wasteland, beaches, water surfaces and other natural resources; Collectively owned current assets, long-term assets, fixed assets, intangible assets and other assets.
The carrier of rural collective assets is the village collective economic organization, which refers to the community-based village economic cooperatives and stock economic cooperatives that are collectively owned, co-operated, democratically managed and serve their members under the rural two-tier management system.
All the assets of the village collective economic organization belong to the members of the village collective economic organization.
The assets owned by the group (team) are still owned by the members of the group (team).
The ownership of collective assets is protected by law, and no unit or individual may infringe upon it. It is forbidden for any unit or individual to occupy, plunder, privately divide or destroy village collective property.
The disposal and distribution of rural collective assets, in addition to the implementation of national policies and regulations, should be discussed and decided by all members (representatives) of rural collective economic organizations.
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