The reform of state-owned enterprises operating practice

  • Time: 2013-08-01 11:00:51
  • Source: SLEEING
  • Hit: 3344

The reform of state-owned enterprises includes reform scheme decision and approval, property transactions, the balance of payments, workers' rights and interests maintenance, managerial ownership control, property registration, business registration procedures. According to the legal procedure is the main way to avoid the risk of the reform.
1, the examination and approval decision
(1) scheme decision
Shall, in accordance with legal procedures by the restructuring of the state-owned enterprises, agency performing capital contributor's duties and decision or by the shareholders' meeting, the shareholders of the General Assembly decided to. The reform of state-owned enterprises and state-owned enterprise reform scheme for non state-owned enterprises, must be submitted to the workers' Congress or employee meeting, among them, workers resettlement program needs the enterprise workers or workers congress meeting to consider the adoption before implementation of restructuring. The enterprise restructuring program and workers resettlement program through deliberation, shall be in accordance with the relevant regulations and procedures in a timely manner to the masses of workers released.
(2) for approval
The enterprise after the first recovery plan submitted to the workers' Congress (or TUC) and shareholder meeting to discuss the formation, the formal scheme. The formal scheme and the workers congress (or TUC), shareholders will be reported to the Department in charge of the resolution. The reform scheme by the enterprise in accordance with the provisions of authority for approval, and the agency performing capital contributor's duties and organize the implementation of the restructuring of enterprises.
2, the transfer of property rights
(1) property transactions
The transfer of state-owned property rights of enterprises shall be disclosed in the property rights trading institutions established in accordance with the law, not by region, industry, investment or affiliation with restrictions. Otherwise provided by laws, administrative rules and regulations of the state, from its provisions. The transfer of state-owned property rights of enterprises can take the auction, bidding, the provisions of other ways to transfer agreements and national laws, administrative rules and regulations.
(2) the price of payments
The full price for transfer of state-owned property rights of enterprises, the transferee shall be in accordance with the contract agreed to pay the property transfer. The transfer price should in principle be a lump sum. If the amount is large, lump sum is difficult, the transferor and the transferee negotiation, approval and approval in accordance with the relevant provisions of the state-owned enterprise restructuring and the transfer of state-owned property rights unit, can take instalments.
(3) the rights and interests of workers
Enterprise reform, the social insurance premiums for the confirmed workers owed wages, medical expenses and misappropriation of funds, employee housing provident fund and enterprises in arrears, in principle a one-time payment. After the restructuring of enterprises in accordance with the relevant provisions, in time for the workers in old-age, unemployment, medical, work injury, maternity and other social insurance for workers, and on time full payment of social insurance premiums.
Enterprise reform must be to the masses of workers reported the total assets of the enterprise, the total liabilities, net assets, net profit, the main financial indicators of financial auditing, assets evaluation results, accept the democratic supervision of the masses of workers.
3, registration
The transfer of state-owned property rights transactions, the transferor and the transferee shall transactions of property rights certificates issued by the property rights trading institutions, for the property right registration and business registration procedures in a timely manner in accordance with the relevant provisions of the state.

 

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