Chapter 1 General Provisions Article 1 In order to strengthen the management of rural collective assets, protect the legitimate rights and interests of rural collective economic organizations, and develop and expand the rural collective economy, in accordance with the "Agricultural Law of the People's Republic of China" and " These regulations are formulated in accordance with the Organic Law of Villagers' Committees of the People's Republic of China and relevant laws and regulations, and in combination with the actual conditions 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) and village collective organizations.
The term "rural collective economic organizations" as mentioned in these regulations refers to independent accounting economic organizations established by farmers in townships (towns) and villages in the form of collective ownership of production means and other assets. Article 3 These regulations apply to the collective asset management of township (town) and village collective economic organizations within the administrative region of this province. Article 4 Rural collective economic organizations shall have the rights to possess, use, benefit from and dispose of all their collective assets in accordance with the law.
Rural collective economic organizations and their members have the rights and obligations to protect collective assets.
In villages that have not established a collective economic organization, the village committee can exercise the management functions of collective assets. Article 5 The agricultural (agricultural economics) administrative departments of the people's governments at or above the county level (hereinafter collectively referred to as the agricultural administrative departments) and the township (town) people's governments are responsible for the unified guidance and supervision of rural collective asset management within their respective administrative regions.
The township enterprises, land, water conservancy, forestry, animal husbandry, aquatic products and agricultural machinery departments of the people's governments at all levels, under the unified coordination of the agricultural administrative departments, shall, in accordance with their respective responsibilities, carry out relevant management of rural collective assets in accordance with the law. Work guidance and supervision. Article 6 The agricultural administrative departments of the people's governments at or above the county level and the rural economic management agencies affiliated to the township (town) people's governments are the specific executive agencies for the management of rural collective assets. Their main responsibilities are:
(1) Implement laws, regulations and rules on collective asset management;
(2) Guide, inspect, audit and supervise the financial activities of rural collective economic organizations;
(3) Formulate Establish an assessment index system for the preservation and appreciation of collective assets, and monitor the investment direction of asset increments in accordance with relevant national and provincial regulations;
(4) Responsible for the statistics and property rights registration of collective assets;
(5) Provide guidance and supervision on the evaluation of rural collective assets;
(6) Provide business training, assessment and qualification review for financial accounting personnel of rural collective economic organizations in accordance with the law;
< p>(7) Other duties assigned by the agricultural administrative departments of the people's governments at or above the county level. Chapter 2 Ownership of Collective Assets Article 7 Collective assets owned by rural collective organizations include: (1) Land, forests, mountains, grasslands, wasteland, water surfaces, tidal flats and other natural resources that are collectively owned by law ;(2) Buildings of rural collective economic organizations, agricultural machinery, electromechanical equipment, transportation, communication tools, livestock, trees, orchards, farmland water conservancy facilities, mining facilities, rural roads and education, science and technology , culture, health, sports facilities, etc.;
(3) Enterprise assets established or merged by rural collective economic organizations, in joint ventures, joint-stock cooperative enterprises, joint-stock enterprises, Sino-foreign joint ventures, cooperative enterprises and fund-raising construction In the project, the assets owned according to the investment share and the corresponding value-added assets;
(4) Free appropriations, subsidies, and funding for rural collective economic organizations by state agencies, social groups, enterprises, institutions, other organizations, and individuals Assets formed by subsidies, tax exemptions and donations;
(5) Cash, deposits and securities owned by rural collective economic organizations;
(6) Rural collective economic organizations All trademark rights, patent rights, copyrights and other intangible assets;
(7) Other rural collective assets. Article 8 All collective assets of rural collective economic organizations are protected by law. It is prohibited for any unit or individual to embezzle, plunder, misappropriate, privately divide, damage, squander or illegally seal up, detain, freeze, confiscate, or transfer rural collective assets, and Rural collective assets were illegally used as guarantees. 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 must be discussed and approved by its member meeting or its representative meeting, and the collective asset ownership shall be obtained, changed or terminated within three days from the date of acquisition, change or termination. Within ten days, register with the township (town) rural economic management agency.
The specific limits for larger amounts of collective assets stipulated in the preceding paragraph shall be determined by the agricultural administrative department of the county-level people's government. Article 10: When disputes arise over the determination of ownership of rural collective assets, they shall be resolved by negotiation between the parties, unless otherwise provided by laws and regulations. If negotiation fails, the matter shall be coordinated and handled by the local people's government, or a lawsuit may be filed directly with the People's Court. Chapter 3 Collective Asset Management Article 11 Rural collective economic organizations are responsible for the management of rural collective assets. Their main responsibilities are:
(1) Implement the charter adopted by the collective economic organization’s member meeting or its representative meeting , resolutions and decisions;
(2) Formulate rules and regulations for collective asset management;
(3) Send personnel to participate in management work in accordance with the articles of association of joint ventures, joint-stock enterprises, and joint ventures;
(4) Report collective asset management work to the collective economic organization’s member meeting or its representative meeting;
(5) Guide and supervise the collective asset management and use of affiliated business units;
(6) Responsible for the daily management of collective assets;
(7) Accept the guidance and supervision of its collective asset management work from rural economic management agencies.