Decree of the People’s Government of Hubei Province
| 索 引 号 | 011043217/2019-60516 | 分 类 | 资源环境 |
|---|---|---|---|
| 发布机构 | 湖北省政府规章查询 | 发文日期 | 2002-06-07 |
| 文 号 | No. 233 | 有 效 性 | 有效 |
Decree of the People’s Government of Hubei Province
No. 233
Decision of the People’s Government of Hubei Province on Modifying Interim Measures of Hubei Province on Administering Transformation from the State-owned Non-productive Assets of the Administrative Institutions to the Productive Assets, deliberated and adopted at the Executive Meeting of the People’s Government of Hubei Province on May 20, 2002, are hereby promulgated and shall come into force as of August 1, 2002.
Governor: Zhang Guoguang
June 7, 2002
Decision of the People’s Government of Hubei Province on Modifying Interim Measures of Hubei Province on Administering Transformation from the State-owned Non-productive Assets of the Administrative Institutions to the Productive Assets
The people’s government of Hubei Province decides that Interim Measures of Hubei Province on Administering Transformation from the State-owned Non-productive Assets of the Administrative Institutions to the Productive Assets shall be modified as follows:
1. The title is modified as: “Measures of Hubei Province on Administering Transformation from the State-owned Non-productive Assets of the Administrative Institutions to the Productive Assets”.
2. Article 3 is modified as: “Where it is necessary to make the transformation from the state-owned non-productive assets to the productive assets, the unit that offers the assets shall submit the application, which shall be first checked by the competent administrative department and reported to the finance department at the same level for check and approval. Only after its being proved and the transfer procedures handled, can the assets be employed in the business activities.”
3. Article 4 is modified as: “Where it is necessary to make the transformation from the state-owned non-productive assets in a non-currency state to the productive assets (including physical assets, intangible assets, etc.), the value assessment shall be conducted in accordance with stipulations of the State on administering the appraisal of state-owned assets. Its estimated value shall be utilized as the capital investment of the State, which shall be utilized as the basis for appraising the value maintenance and appreciation of the state-owned assets being occupied or employed.”
4. The third paragraph of Article 5 is modified as: “Where the state-owned non-productive assets are utilized as the registered capital in the establishment of an economic entity, it shall be first approved by the competent administrative department with the comments, and then be reported to the finance department for check and approval. Only after the assets appraisal being completed by a qualified appraisal agency shall the procedures for assets transfer and ownership registration be handled.”
5. The original first paragraph of Article 6 is modified as the first and second paragraph: “Where transformation from the state-owned non-productive assets to the productive assets is conducted by means of compensation, the finance department shall collect the occupation fee of state-owned assets. Regarding the unit with adoption of provincial vertical management, the occupation fee of state-owned assets shall be collected by the local finance department and utilized as a adjustment by the provincial finance department.
The occupation fee of state-owned assets shall be annually collected in accordance with the 4%-6% of the total value of the part actually put into the production and business operation; regarding the leasing and lending of the state-owned assets, the occupation fee of state-owned assets shall be collected in accordance with 20%-30% of the rent. ”
The original second paragraph of Article 6 is modified as the third paragraph: “The collected occupation fee of state-owned assets shall be deposited in a special account, brought into the finance budget and mainly utilized in the renovation and reform of the permanent assets of the administrative institutions under the premise of ensuring the necessary collection expenses. The provincial finance department shall formulate measures on administration and utilization of assets occupation fees.”
The original third and forth paragraph of Article 6 are deleted.
6. Article 7 is modified as: “The occupation fee of state-owned assets shall be paid each quarter by the administrative institution that offers the assets. Where the occupation fee of state-owned assets is not paid on time, an overdue fine shall be additionally calculated in accordance with 2‰ of the delayed payment for each day as of the date of delay. If the delay is more than three months, the finance department shall withhold the financial appropriation of the unit.”
7. The first paragraph of Article 8 is modified as: “Where the state-owned non-productive assets is utilized to establish a welfare enterprise or set up or support the primary and middle schools, the secondary technical schools and other school-sponsored enterprises with insufficient outlays, the assets occupation fee may be reduced or exempted in accordance with the actual different situation after its being checked and approved by the finance department at the same level.”
8. Article 9 is modified as: “The report system for transformation from the state-owned non-productive assets to the productive assets shall be established. Where transformation from the state-owned non-productive assets of the administrative institution to the productive assets takes place, the administrative institution shall submit the annual statement on the relevant finance and utilization of assets to the finance department. The finance department shall conduct the annual inspection of this part of assets and report the consequence information to the people’s government at the same level.”
9. Article 10 is modified as the first paragraph of Article 10: “Where transformation from the state-owned non-productive assets to the productive assets is privately performed without authorization, the finance department shall make the concerned unit disgorge all the related incomings and suspend the appropriation of the budget outlay of the concerned unit in accordance with the real situation.”
A paragraph is added as the second paragraph: “Regarding the case that transformation from the state-owned non-productive assets to the productive assets is privately performed without authorization and the occupation fee of state-owned assets is not paid in accordance with stipulations, if the situation is flagrant, the finance department may confiscate the already transformed productive assets.”
10. Article 11 is modified as: “The relevant administrative institutions shall enhance the administration on transformation from the state-owned non-productive assets to the productive assets. If the inefficient administration leads to serious losses of the state-owned assets, the finance department shall cooperate with the competent administrative department to make rectification and settlement. Where there is violation against the relevant laws, rules and regulations, the business operation activity shall be ordered to shut down.”
11. An article is added as Article 12: “The administrative departments of auditing, industry and commerce, and supervision, etc, at all levels shall enhance the supervision and inspection over business operation of the productive assets transformed from the state-owned non-productive assets and the collection of assets occupation fee. Anyone that violates these Measures shall be punished in accordance with Interim Provisions of State Council on Imposing Penalties upon those in Violation of Finance Rules, and the relevant laws, rules and regulations. ”
12. The original Article 12 is modified as Article 13: “Where the working member of the administrative institution and the finance department violates these Measures and causes losses of state-owned assets, the administrative responsibility of the party concerned shall be investigated in accordance with the administration jurisdiction. If such action constitutes a crime, the criminal responsibility shall be investigated according to law.”
13. The original Article 13 is deleted.
Interim Measures of Hubei Province on Administering Transformation from the State-owned Non-productive Assets of the Administrative Institutions to the Productive Assets are modified correspondingly in accordance with the Decision and are hereby promulgated anew.
Measures of Hubei Province on Administering Transformation from the State-owned Non-productive Assets of the Administrative Institutions to the Productive Assets
(Promulgated as Decree No. 91 of the people’s government of Hubei Province and modified anew in accordance with Decision of the People’s Government of Hubei Province on Modifying Interim Measures of Hubei Province on Administering Transformation from the State-owned Non-productive Assets of the Administrative Institutions to the Productive Assets on May 20, 2002)
Article 1. With a view to enhancing the administration on transformation from the state-owned non-productive assets of the administrative institutions to the productive assets and preventing losses of state-owned assets, these Measures are formulated in accordance with the relevant stipulations of State and in light of the actual situation of the Province.
Article 2. The state-owned non-productive assets in these Measures shall refer to the assets occupied or utilized by the administrative institutions for the purpose of accomplishing administrative tasks of State and conducting business activities; the transformation from the state-owned non-productive assets to the productive assets shall refer to the action of the administrative institutions’ employing the state-owned non-productive assets in the production and business operation activities by means of leasing and lending, under the premise of ensuring the accomplishment of the regular work and in accordance with the relevant stipulations of the State. The main pattern of transformation shall be as follows:
1).Employing the state-owned non-productive assets as the initial investment to establish an economic entity with a legal person of enterprise after obtaining License of Business Entity from the administrative department of industry and commerce;
2). Employing the state-owned non-productive assets in overseas investment, becoming share holder, joint investment, and affiliation;
3). Employing the state-owned non-productive assets as the registered capital to establish a subordinate business unit with a legal person after obtaining Business License from the administrative department of industry and commerce;
4). Employing the state-owned non-productive assets in actions of leasing and lending.
5).Other cases of transformation from the state-owned non-productive assets to the productive assets.
Article 3. Where it is necessary to make the transformation from the state-owned non-productive assets to the productive assets, the unit that offers the assets shall submit the application, which shall be first checked by the competent administrative department and reported to the finance department at the same level for check and approval. Only after its being proved and the transfer procedures handled, can the assets be employed in the business activities.
Article 4. Where it is necessary to make the transformation from the state-owned non-productive assets in a non-currency state to the productive assets (including physical assets, intangible assets, etc.), the value assessment shall be conducted in accordance with stipulations of the State on administering the appraisal of state-owned assets. Its estimated value shall be utilized as the capital investment of the State, which shall be utilized as the basis for appraising the value maintenance and appreciation of the state-owned assets being occupied or employed.
Article 5. Where transformation from the state-owned non-productive assets to the productive assets takes place, the state-owned quality of the assets shall not be altered.
Where the state-owned non-productive assets are utilized in the productive activities by means of leasing, lending, affiliation and becoming share holder, etc, the finance department of the unit shall make a financially independent book keeping and account settlement.
Where the state-owned non-productive assets are utilized as the registered capital in the establishment of an economic entity, it shall be first approved by the competent administrative department with the comments, and then be reported to the finance department for check and approval. Only after the assets appraisal being completed by a qualified appraisal agency shall the procedures for assets transfer and ownership registration be handled.
Article 6. Where transformation from the state-owned non-productive assets to the productive assets is conducted by means of compensation, the finance department shall collect the occupation fee of state-owned assets. Regarding the unit with adoption of provincial vertical management, the occupation fee of state-owned assets shall be collected by the local finance department and utilized as a adjustment by the provincial finance department.
The occupation fee of state-owned assets shall be annually collected in accordance with the 4%-6% of the total value of the part actually put into the production and business operation; regarding the leasing and lending of the state-owned assets, the occupation fee of state-owned assets shall be collected in accordance with 20%-30% of the rent.
The collected occupation fee of state-owned assets shall be deposited in a special account, brought into the finance budget and mainly utilized in the renovation and reform of the permanent assets of the administrative institutions under the premise of ensuring the necessary collection expenses. The provincial finance department shall formulate measures on administration and utilization of assets occupation fees.
Article 7. The occupation fee of state-owned assets shall be paid each quarter by the administrative institution that offers the assets. Where the occupation fee of state-owned assets is not paid on time, an overdue fine shall be additionally calculated in accordance with 2‰ of the delayed payment for each day as of the date of delay. If the delay is more than three months, the finance department shall withhold the financial appropriation of the unit.
Article 8. Where the state-owned non-productive assets is utilized to establish a welfare enterprise or set up or support the primary and middle schools, the secondary technical schools and other school-sponsored enterprises with insufficient outlays, the assets occupation fee may be reduced or exempted in accordance with the actual different situation after its being checked and approved by the finance department at the same level.
Where the administrative institution transforms its state-owned land in cities and towns into the productive assets and has paid the land lease fees, there shall be no collection of assets occupation fee.
Article 9. The report system for transformation from the state-owned non-productive assets to the productive assets shall be established. Where transformation from the state-owned non-productive assets of the administrative institution to the productive assets takes place, the administrative institution shall submit the annual statement on the relevant finance and utilization of assets to the finance department. The finance department shall conduct the annual inspection of this part of assets and report the consequence information to the people’s government at the same level.
Article 10. Where transformation from the state-owned non-productive assets to the productive assets is privately performed without authorization, the finance department shall make the concerned unit disgorge all the related incomings and suspend the appropriation of the budget outlay of the concerned unit in accordance with the real situation.
Regarding the case that transformation from the state-owned non-productive assets to the productive assets is privately performed without authorization and the occupation fee of state-owned assets is not paid in accordance with stipulations, if the situation is flagrant, the finance department may confiscate the already transformed productive assets.
Article 11. The relevant administrative institutions shall enhance the administration on transformation from the state-owned non-productive assets to the productive assets. If the inefficient administration leads to serious losses of the state-owned assets, the finance department shall cooperate with the competent administrative department to make rectification and settlement. Where there is violation against the relevant laws, rules and regulations, the business operation activity shall be ordered to shut down.
Article 12. The administrative departments of auditing, industry and commerce, and supervision, etc, at all levels shall enhance the supervision and inspection over business operation of the productive assets transformed from the state-owned non-productive assets and the collection of assets occupation fee. Anyone that violates these Measures shall be punished in accordance with Interim Provisions of State Council on Imposing Penalties upon those in Violation of Finance Rules, and the relevant laws, rules and regulations.
Article 13. Where the working member of the administrative institution and the finance department violates these Measures and causes losses of state-owned assets, the administrative responsibility of the party concerned shall be investigated in accordance with the administration jurisdiction. If such action constitutes a crime, the criminal responsibility shall be investigated according to law.
Article 14. These Measures shall come into force as of January 1, 1996.
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