The term "rural collective economic organizations" as mentioned in these Regulations refers to the economic organizations established by township (town) and village farmers in the form of collective ownership of means of production. Fourth rural collective economic organizations shall have the right to operate and manage all their collective assets according to law.
Rural collective economic organizations have the right and obligation to protect collective assets.
Villages that have not established collective economic organizations may exercise the management functions of collective assets by villagers' committees. The township (town) collective economic organizations are not perfect, and the institutions designated by the township (town) people's government are responsible for the management. Fifth administrative departments of agriculture of the people's governments at or above the county level and the people's governments of townships (towns) shall be responsible for unified guidance and supervision of the management of rural collective assets within their respective administrative areas. The daily guidance and supervision of rural collective assets management shall be undertaken by rural management institutions.
Township enterprises, land, water conservancy, forestry, animal husbandry, fishery, agricultural machinery and civil affairs, education, science and technology, culture, health, sports and other departments of the people's governments at or above the county level shall, according to their respective functions and duties, conduct business guidance and supervision on the management of rural collective assets according to law. Sixth rural collective assets management should follow the principles of democracy, openness and fairness.
Members of rural collective economic organizations or villagers shall supervise the property rights, management methods and management of rural collective assets according to law. Article 7 All collective assets of rural collective economic organizations are protected by law, and it is forbidden for any unit or individual to occupy, plunder, misappropriate, privately divide, damage, squander or illegally seal up, detain, freeze, confiscate or transfer rural collective assets, and it is forbidden to illegally use rural collective assets as collateral. Chapter II Property Rights of Assets Article 8 Rural collective assets include:
(a) land, forests and trees, mountains, grasslands, wasteland, beaches, water and other natural resources. Belonging to the collective according to law;
(2) Infrastructure such as water conservancy, electric power, transportation, communication and real estate invested by collective economic organizations, public welfare facilities such as education, science and technology, culture, health and sports, and production facilities such as transportation, fishing gear and agricultural institutions;
(3) Assets of enterprises invested or merged by collective economic organizations;
(four) the rights and interests enjoyed by collective economic organizations in various enterprises such as shareholding system, joint-stock cooperative system, joint venture, Sino-foreign joint venture and cooperation;
(five) collective assets occupied by collective economic organizations and relevant units in public facilities;
(six) all monetary assets and stocks, treasury bills, corporate bonds and other securities owned by collective economic organizations, as well as funds in the form of contracting, leasing and auction;
(seven) the assets formed by the collective economic organizations receiving funding or donations;
(eight) intangible assets such as copyright, patent right and trademark right enjoyed by collective economic organizations according to law;
(nine) other assets owned by collective economic organizations according to law.
Rural collective assets shall be registered according to law. 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 agreed by the members' assembly or the members' congress of the collective economic organization, and it shall be filed with the township (town) people's government within 30 days from the date of acquisition, change or termination of the ownership of collective assets. Where laws and regulations provide otherwise, such provisions shall prevail.
The specific amount of collective assets with a large amount mentioned in the preceding paragraph shall be determined by the people's government at the county level. Article 10 Disputes over the ownership of collective assets shall be settled by the parties through consultation; If negotiation fails, the parties may apply to the township (town) people's government or the people's government at the next higher level for coordination; You can also bring a lawsuit directly to the people's court. Where laws and regulations provide otherwise, such provisions shall prevail. Chapter III Operation of Assets Article 11 Rural collective economic organizations may determine the operation modes of their assets according to law, and may adopt various operation modes such as contracting, leasing, auction, joint venture, stock cooperation, Sino-foreign joint venture and cooperative operation. Twelfth rural collective assets owners and operators should sign a contract according to law, clear the rights and obligations of both parties. Thirteenth contracting and leasing rural collective assets, operators should be determined in accordance with the principles of openness, fairness and impartiality, and collective assets should not be contracted or leased at low prices by taking advantage of their powers. An operator who contracts or leases by means of asset mortgage or other guarantee shall sign a contract according to law. Fourteenth rural collective economic organizations directly manage collective assets, must be clear about the management responsibilities and objectives, to ensure the preservation and appreciation of collective assets. Fifteenth rural collective assets management process in any of the following circumstances, should be evaluated:
(a) asset contracting, leasing, sharing, joint venture, joint venture or cooperation;
(2) Changes in property rights in property rights transactions;
(3) Liquidation such as merger, merger, division and bankruptcy;
(4) Asset mortgage and other guarantees;
(5) Other circumstances that require asset appraisal in accordance with relevant state regulations.