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The right of state-owned enterprises to operate independently has been expanded.
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Deepening the reform of state-owned enterprises will help them enhance their vitality, adopt a modern enterprise system, and cope with economic globalization, competition, and cooperation.
It is conducive to improving the system of ownership of the means of production in China, to the rational allocation of resources, to the common development of various ownership systems, to the development of productive forces, and to the healthy development of the national economy and the people.
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We often hear the concept of state-owned enterprise restructuring in our daily life, but many people do not know what state-owned enterprise restructuring is. Today, I have collected relevant content about the restructuring of state-owned enterprises for you, hoping to help you solve your doubts. Let's take a look.
What is the restructuring of state-owned enterprises
1. The restructuring of state-owned enterprises refers to the restructuring of state-owned enterprises into wholly state-owned companies, limited liability companies, joint-stock enterprises and joint-stock cooperative enterprises in accordance with relevant national laws and regulations and relevant provincial regulations. The use of foreign capital to reorganize state-owned enterprises and the restructuring of auxiliary industries of large and medium-sized state-owned enterprises shall be handled in accordance with the procedures prescribed by the provincial government and relevant departments.
2. The restructuring of state-owned enterprises involves the reform of the property rights system, which is implemented by the investors of state-owned assets and the enterprises they invest in. The restructuring plan can be put forward by the state-owned enterprises first, or it can be studied and formulated by the relevant departments sent by the state-owned enterprises to study and formulate them together.
3. The restructuring of state-owned enterprises is a systematic and wide-ranging reform, in addition to the leading departments designated by the state-owned enterprises, planning, finance, labor and social security, land and resources, taxation, business administration, federation of trade unions, financial creditor banks and creditor's rights management departments, small and medium-sized enterprises bureau and other units participate in the research and development and review of the restructuring program of state-owned enterprises, and in accordance with their respective functions, support the implementation of the restructuring program of state-owned enterprises.
4. In the restructuring of state-owned enterprises, it is necessary to rely on the broad masses of workers and workers and strengthen democratic management and supervision of workers. In the process of restructuring state-owned enterprises, it is necessary to carry out in-depth and extensive ideological mobilization among all staff and workers, clearly explain the purpose, significance, and policies of the restructuring, and mobilize and organize the broad masses of workers and workers to actively participate in reform. In formulating a plan for enterprise restructuring, it is necessary to attract the participation of workers' representatives, fully listen to the opinions and suggestions of the masses of workers, and the restructuring plan must be deliberated and approved by the workers' congress, and a small number of people are not allowed to operate in the dark, so as to strictly prevent the loss of state-owned assets and the infringement of the legitimate rights and interests of workers.
5, the restructuring of state-owned enterprises must be carefully carried out to clear the assets and verify the capital, asset evaluation, definition of property rights, on the basis of the approval of the results of the asset evaluation, approved by the State-owned assets supervision and administration at the same level, the state-owned assets of the restructuring enterprise after deducting the cost of restructuring, can be auctioned, bidding or agreement. If the auction or bidding method is implemented, it shall be carried out openly through the property rights trading institution. If it cannot be auctioned or tendered, it shall be agreed upon.
7. The departments involved in the restructuring of state-owned enterprises should coordinate and cooperate closely to properly solve a series of problems, such as the disposal of state-owned assets in accordance with the law, the proper resettlement of workers and the establishment of new labor relations, the continuation of social insurance relations, the preservation of financial creditor's rights, the lawful circulation of land use rights, and the standardized establishment of a corporate governance structure, so as to ensure the smooth operation of the restructured enterprises.
The restructuring of state-owned enterprises is relatively cumbersome, it is difficult to explain, if you still do not understand the elaboration here, welcome to consult our ** lawyer, we will help you solve your problems in a professional way.
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1. Completing the reform of the corporate system of state-owned enterprises is an important part of deepening the reform of state-owned enterprises;
2. The realization of the corporate restructuring of state-owned enterprises is a fundamental step in the reform of state-owned enterprises, an important step to promote the modernization, scientific and legalization of the governance of state-owned enterprises, which is conducive to promoting the establishment of an efficient market-oriented operation mechanism of state-owned enterprises, and is also a pre-requisite step for the reform of the shareholding system and mixed ownership;
3. Promoting the reform of the corporate system of state-owned enterprises will help clarify the boundaries between investors and managers, and promote the efficient operation of state-owned enterprises on the basis of clarifying the ownership of state-owned enterprises;
4. Promote the reform of the corporate system of state-owned enterprises, which is conducive to promoting the rule of law and scientific governance of state-owned enterprises;
5. The reform of the corporate system of state-owned enterprises will help clarify the ownership of state-owned enterprises, promote the establishment of an efficient and flexible market-oriented operation mechanism for state-owned enterprises, help improve the level of modern governance of state-owned enterprises, enhance the capital operation capacity of state-owned enterprises, and facilitate the progress of a series of reforms such as joint-stock reform and mixed ownership reform, so as to promote state-owned enterprises to truly become the main body of the market economy and effectively realize the appreciation and preservation of state-owned capital.
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The report of the 15 th National Congress of the Communist Party of China pointed out: "The establishment of a modern enterprise system is the direction of the reform of state-owned enterprises. Therefore, in the transformation of the corporate system of state-owned enterprises, it is necessary to follow the requirements of "clear property rights, clear rights and responsibilities, separation of government administration from enterprises, and scientific management" and through the transformation of large and medium-sized state-owned enterprises into standardized corporate systems, so that enterprises can become legal entities and main competitors suited to the development of the market economy.
Clarify the relationship between the responsibilities and rights of the state and enterprises. The state enjoys the owner's rights and interests according to the amount of capital invested in the enterprise, and bears limited liability for the debts of the enterprise; Enterprises operate independently and are responsible for their own profits and losses in accordance with the law. ** Do not directly intervene in the production and operation activities of the enterprise, and the enterprise cannot be exempt from the constraints of the owner and damage the rights and interests of the owner.
It is necessary to adopt a variety of methods, including direct financing, to enrich the capital of enterprises. Cultivate and develop diversified investment entities, and promote the separation of government administration from enterprise management and the transformation of enterprise operating mechanisms.
The "Opinions on the Development of Mixed Ownership Economy by State-owned Enterprises" clearly encourages all types of capital to participate in the reform of mixed ownership of state-owned enterprises. Looking at the current policy, there are several key points: First, encourage non-public capital to participate in the reform of mixed ownership of state-owned enterprises. >>>More
Answer]: The establishment of a modern enterprise system with public ownership as the main body is the direction of reform of state-owned enterprises, and its basic characteristics are clear property rights, clear rights and responsibilities, separation of government and enterprises, and scientific management. >>>More
Hello, no. The modern enterprise system includes a scientific corporate governance structure, a market-oriented operating mechanism and an effective compliance risk control system, and the corporate governance structure manages decision-making, the management mechanism manages the implementation, and the compliance risk control and risk management trinity, which constitutes the cornerstone of the modern enterprise system, which is also the prerequisite for state-owned enterprises to undertake authorization and decentralization. Only by perfecting the modern enterprise system can state-owned enterprises be able to accept and act steadily in the face of delegation of authority.
Huiyuan started out through the acquisition of state-owned enterprises.
The basic premise of the establishment of a modern enterprise system is the separation of the ultimate ownership of assets from the property rights of legal persons. >>>More