Decision of the Standing Committee of Shanxi Provincial People's Congress on Abolishing the Regulations on Township Enterprises in Shanxi Province

(adopted at the 26th meeting of the Standing Committee of the 12th People's Congress of Shanxi Province on May 31st)

The 26th meeting of the Standing Committee of the 12th People's Congress of Shanxi Province decided to abolish the Regulations on Township Enterprises in Shanxi Province adopted at the 31st meeting of the Standing Committee of the 8th People's Congress of Shanxi Province on December 4th, 1997.

Recently, the just-concluded 26th meeting of the Standing Committee of the 12th Provincial People's Congress decided to abolish the Regulations on Township Enterprises in Shanxi Province (hereinafter referred to as the Regulations), which has been formulated and implemented for nearly 2 years.

The Regulations were adopted and implemented by the 31st meeting of the Standing Committee of the Eighth Provincial People's Congress on December 4, 1997. In January last year, during the Fourth Session of the 12th Provincial People's Congress, 1 provincial people's congress deputies, including Wang Jiwei, jointly proposed a motion to abolish the regulations. According to the Regulations on Local Legislation in Shanxi Province and the regulations on handling motions, the Financial and Economic Committee of the Provincial People's Congress conducted in-depth investigation and study, and invited people from all sides to demonstrate repeatedly. It is believed that since its implementation, the Regulations have played an active role in promoting the development of township enterprises, protecting their legitimate rights and interests, standardizing their behavior and prospering the rural economy.

however, with the continuous development of economy and society and the improvement of macroeconomic policies, the state has successively implemented laws such as the law on sole proprietorship enterprises, the law on farmers' professional cooperatives, the law on promoting small and medium-sized enterprises, and revised the regulations on rural collectively-owned enterprises. Our province has also formulated and implemented laws and regulations to promote and standardize the development of small and medium-sized enterprises. At the same time, the subject of law enforcement of the Regulations no longer exists. The original Bureau of Township Enterprises has been abolished after institutional reform, and a new Provincial Bureau of Small and Medium-sized Enterprises has been established. Its main responsibility has been changed to serve small and medium-sized enterprises and the non-public economy. In reality, new forms and standards of enterprise division have been formed, and township enterprises have been transformed into small and medium-sized enterprises and non-public economic entities through restructuring, merger and reorganization. The legislative purpose, law enforcement subject and content provisions of the Regulations on Township Enterprises in Shanxi Province have lost their guiding role and can no longer meet the actual needs of economic development in our province.

specific contents of the regulations on township enterprises in Shanxi province

article 1 in order to promote the sustained, rapid and healthy development of township enterprises, protect their legitimate rights and interests, and regulate their behavior, these regulations are formulated in accordance with the provisions of the law of the people's Republic of China on township enterprises and other relevant laws and regulations, combined with the actual situation of this province.

article 2 township enterprises as mentioned in these regulations refer to all kinds of enterprises that are organized in towns and villages (including villages under their jurisdiction) with rural collective economic organizations or farmers' investment as the mainstay and undertake the obligation of supporting agriculture.

Article 3 The main forms of township enterprises are:

(1) enterprises organized by township (town) collective economic organizations;

(2) enterprises organized by collective economic organizations of villages (villagers' groups);

(3) collective economic organizations of townships (towns) and villages (villagers' groups) or enterprises organized by farmers in the form of joint-stock cooperative system or joint-stock system;

(4) enterprises jointly organized by farmers;

(5) enterprises organized by individual farmers;

(6) enterprises jointly established by township enterprises and other enterprises, institutions, individuals and foreign investors;

(7) other forms of township enterprises as prescribed by laws and administrative regulations.

Article 4 The following enterprises that undertake the obligation of supporting agriculture shall be treated as township enterprises:

(1) Branches established by township enterprises in cities;

(2) enterprises run by rural collective economic organizations in cities.

article 5 people's governments at all levels should actively support, rationally plan, correctly guide and manage township enterprises according to law.

article 6 people's governments at all levels shall commend or reward units or individuals that have made remarkable achievements in the development of township enterprises.

Article 7 The administrative departments of township enterprises of the people's governments at or above the county level are responsible for planning, coordinating, supervising and providing services to township enterprises within their respective administrative areas. Their main duties are:

(1) publicizing and implementing the laws and regulations concerning township enterprises, and supervising and inspecting the implementation;

(2) guide the development direction of township enterprises and guide the adjustment of industrial and product structure of township enterprises;

(3) to be responsible for the management and use of the development fund for township enterprises;

(4) coordinate the relationship between township enterprises and relevant parties, and provide consulting, information and other services for the production and operation decisions of township enterprises;

(5) Organize the education and training of the staff and workers of township enterprises and carry out the activities of establishing civilized township enterprises;

(six) in accordance with the relevant provisions of the state and the province, responsible for the collection and use of management fees of township enterprises;

(7) assist relevant departments to improve mass organizations in township enterprises according to law and safeguard the legitimate rights and interests of workers;

(8) Other work related to the management of township enterprises.

township enterprise management institutions at the township level should give full play to their functions and improve their service level.

article 8 people's governments at all levels should encourage the development of township enterprises with various forms and economic components, such as joint-stock cooperative system and joint-stock system. Conditional township enterprises can set up and establish trans-regional, cross-industry and cross-ownership enterprise groups.

article 9 the establishment of township enterprises shall conform to the national industrial policy. The administrative department of township enterprises shall assist in the feasibility demonstration of projects that develop and utilize natural resources or invest in a large scale.

article 1 when a township enterprise is established, changes its name and domicile, or is divided, merged, closed or terminated, it shall, with relevant documents, go through the registration formalities with the administrative department of township enterprises at the same level of the registration authority within 3 days from the date of registration of establishment, change of registration or cancellation of registration according to law.

township enterprises should report to the local administrative department of township enterprises on the production and operation of enterprises and support for agriculture on an annual basis.

article 11 township enterprises should rationally adjust their industrial structure and product structure according to market demand, national industrial policies and local advantages, and constantly develop new products and famous and special products with low resource consumption and high technology content; Continuously strengthen technical transformation, adopt advanced technology, production technology and equipment, and improve product quality; Constantly improve the operating mechanism, improve the management level and enhance the overall quality of enterprises.

article 12 township enterprises shall determine the ownership of property according to the principle of "whoever invests owns it".

the ownership of the property of township enterprises contracted or leased remains unchanged.

Article 13 In case of any of the following circumstances, a township enterprise with collective assets should check its assets, clear its creditor's rights and debts, evaluate its assets and define its property rights, and report it to the administrative department of township enterprises at the county level for the record after it is approved by the asset owner:

(1) It is restructured into a joint-stock or joint-stock cooperative enterprise;

(2) merger, auction or transfer;

(3) converting the existing assets into shares in the form of shares or converting them into shares for sale;

(4) Joint venture, cooperative operation or joint venture with other enterprises, organizations or individuals;

(5) The enterprise terminates, suspends business or changes its legal representative.

the assets evaluation and property rights definition of township enterprises shall be subject to the guidance, management and supervision of the administrative departments of township enterprises.

article 14 the legitimate rights and interests and property of township enterprises shall be protected by law. No organization or individual may, in violation of laws and regulations, interfere with the production and operation of township enterprises, change the property rights relationship of township enterprises, or occupy or use the property of township enterprises without compensation.

article 15 township enterprises draw 1% of their after-tax profits to support agricultural and rural social expenditures, of which 5% is used to support agriculture.

Article 16 Township enterprises can enjoy the following preferential treatment according to the relevant tax regulations of the state:

(1) Township enterprises whose products are of high quality and have a good market, and have reliable measures to control pollution, protect resources and the environment, are exempted from the adjustment tax on the investment direction of fixed assets;

(2) Newly established township enterprises in poverty-stricken areas can reduce or exempt their income tax within three years;

(3) township enterprises can reduce their income tax by 1% according to the amount of income tax payable;

(4) for enterprises that use waste water, waste gas, waste residue and other wastes as the main raw materials for production, the income tax shall be reduced or exempted within five years from the date of production;

(5) other tax preferences as stipulated by the state.

article 17 the people's governments at the provincial, municipal and county levels and the regional administrative offices shall establish the development fund for township enterprises. The fund consists of the following funds:

(1) working capital allocated by the government for township enterprises;

(2) Development funds for provincial township enterprises arranged in the provincial coal energy base construction fund;

(3) funds for township enterprises in the coke energy fund turned over by township enterprises;

(4) township enterprises turn over a certain proportion of the funds in the local tax increase every year;

(5) income from the use of the fund;

(6) voluntary funds provided by rural collective economic organizations, township enterprises and farmers.

the first four funds listed above should be increased year by year depending on the financial situation.

the development fund of township enterprises should be managed according to law, and supervision should be strengthened, and it should be used exclusively to support the development of township enterprises, and it should not be used for other purposes.

article 18 the funds needed for new product development and scientific and technological development of township enterprises shall be included in the cost according to the relevant provisions of the state.

township enterprises should increase the annual depreciation rate of fixed assets according to the relevant provisions of the state.

Article 19 A certain proportion of the annual financial working capital for supporting agriculture and Spark Plan funds should be used to support the development of township enterprises.

Twentieth provinces, districts, municipal people's governments and regional administrative offices should use a certain proportion of the annual special technological transformation funds for the technological transformation of key township enterprises.

Twenty-first provincial export base construction funds should have a certain proportion of funds used for export-oriented township enterprises every year to encourage the development of export-oriented township enterprises.

article 22 if the mineral products mined or processed by township enterprises need to be transported by railway, they should be included in the transportation plan of the whole province, and the administrative department of township enterprises can report to the railway department for coordination and settlement.

article 23 people's governments at all levels shall encourage scientific and technical personnel, management personnel and college graduates to work in township enterprises, assess professional titles on schedule, and issue professional and technical post qualification certificates recognized by the state.

township enterprises should take preferential measures within their functions and powers to introduce technology and attract talents through various channels and forms.

article 24 the construction of township enterprises shall strictly control and economize the use of land, and rationally develop and utilize natural resources in accordance with the provisions of laws and regulations. To prevent waste of resources, it is forbidden to destroy resources.

article 25 township enterprises must abide by laws and regulations on environmental protection and labor safety, actively develop enterprises with no pollution and less pollution, and protect and improve the environment; Take effective measures to ensure safety in production.

Article 26 Township enterprises that pay environmental pollution charges according to regulations may apply to the competent administrative department of environmental protection for enterprise pollution control funds; Environmental protection departments at all levels shall co-ordinate the sewage charges collected from township enterprises for pollution control of township enterprises, and shall not intercept or misappropriate them.

article 27 people's governments at all levels should strictly stop all kinds of behaviors that increase the burden on township enterprises.

no organ, unit or department may illegally charge, fine, apportion, raise funds or ask for manpower, material resources and financial resources from township enterprises.

township enterprises have the right to refuse illegal fees, fines, apportionment and compulsory fund-raising.

article 28 the administrative departments of township enterprises at all levels shall establish and organize the implementation of the registration card system for township enterprises to pay administrative fees, and strengthen the supervision and inspection of various fees. If illegal fees, fines, apportionment and fund-raising are found, they should be stopped or investigated in conjunction with relevant departments.

article 29 township enterprises that, in violation of the provisions of these regulations, fail to register, change or cancel their registration and submit their annual reports to the administrative department of township enterprises according to law shall be ordered by the administrative department of township enterprises at or above the county level to make corrections within a time limit.

article thirtieth in violation of the provisions of article fourteenth of these regulations, the administrative department of township enterprises at or above the county level shall order it to make corrections within a time limit; Refuses to correct, it is suggested that the relevant departments give administrative sanctions to the person directly responsible; Causing economic losses to township enterprises, compensation shall be made according to law.

article 31 township enterprises have the right to appeal or accuse units and individuals who illegally charge, fine, apportion or raise funds from township enterprises; The relevant departments and higher authorities shall stop it and return the property within a time limit; The relevant departments shall, in accordance with the provisions of relevant laws and regulations, give corresponding punishment to the person directly responsible according to the seriousness of the case.

article 32 the administrative department of township enterprises at or above the county level shall order them to make corrections within a time limit for those township enterprises that should be assessed according to law but have not been assessed.

The administrative department of township enterprises at or above the county level shall order the units and individuals that have caused the loss of collective assets to recover the lost assets, and suggest the relevant departments to give administrative sanctions to the person in charge of the unit and the person directly responsible; If a crime is constituted, criminal responsibility shall be investigated according to law.

article 33 where a township enterprise violates the provisions of these regulations and does not undertake the obligation of supporting agriculture, the administrative department of township enterprises at or above the county level shall order it to make corrections, and before making corrections, it may stop enjoying part or all of the preferential treatment provided by the state and these regulations.

article 34 if the administrative law enforcement officers of the administrative departments of township enterprises and other relevant departments neglect their duties, practise fraud, abuse their powers or engage in malpractices for selfish ends, they shall be given administrative sanctions by their units or the competent department at a higher level according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

article 35 the provincial people's government shall be responsible for the interpretation of the problems in the specific application of these regulations.

article 36 these regulations shall come into force as of January 1, 1998.