Hebei Province Rural Collective Asset Management Regulations

The quantitative reform of rural collective assets is related to the development of rural economy and the improvement of farmers’ living standards. The following is the Regulations on the Management of Rural Collective Assets of Hebei Province, welcome to read!

The full text of the Regulations on the Management of Rural Collective Assets of Hebei Province

Chapter 1 General Provisions

Article 1 is To strengthen the management of rural collective assets, protect the legitimate rights and interests of rural collective economic organizations, and develop and expand the rural collective economy, in accordance with the "Agricultural Law of the People's Republic of China", the "Organic Law of the Villagers Committees of the People's Republic of China" and relevant laws , regulations and regulations, and in combination with the actual conditions of the province, these regulations are formulated.

Article 2: Rural collective assets as mentioned in these regulations refer to assets collectively owned by all members of township (town) and village collective organizations.

The term "rural collective economic organizations" as mentioned in these Regulations refers to independent accounting economic organizations established by farmers in townships (towns) and villages in the form of collective ownership of production means and other assets.

Article 3: These regulations apply to the collective asset management of townships (towns) and village collective economic organizations within the administrative region of this province.

Article 4: Rural collective economic organizations have the right to possess, use, benefit from and dispose of all their collective assets in accordance with the law.

Rural collective economic organizations and their members have the rights and obligations to protect collective assets.

In villages that have not established a collective economic organization, the village committee can exercise the management functions of collective assets.

Article 5 The agricultural (agricultural economics) administrative departments of the people’s governments at or above the county level (hereinafter collectively referred to as the agricultural administrative departments) and the township (town) people’s governments are responsible for the management of rural collective assets within their respective administrative regions. Unified guidance and supervision.

The township enterprises, land, water conservancy, forestry, animal husbandry, aquatic products and agricultural machinery departments of the people's governments at all levels, under the unified coordination of the agricultural administrative departments, and in accordance with their respective responsibilities, carry out relevant management of rural collective assets in accordance with the law. Work guidance and supervision.

Article 6 The agricultural administrative departments of the people’s governments at or above the county level and the rural economic management agencies affiliated to the township (town) people’s governments are the specific executive agencies for the management of rural collective assets. Their main responsibilities are:

(1) Implement laws, regulations and rules on collective asset management;

(2) Guidance, inspection, auditing and supervision of the financial activities of rural collective economic organizations;

(3) Develop an assessment index system for the preservation and appreciation of collective assets, and monitor the investment direction of asset increments in accordance with relevant national and provincial regulations;

(4) Responsible for the statistics and property rights registration of collective assets;

(5) Provide guidance and supervision on the evaluation of rural collective assets;

(6) Provide business training, assessment and qualifications for financial accounting personnel of rural collective economic organizations in accordance with the law Review;

(7) Other duties assigned by the agricultural administrative departments of the people's governments at or above the county level.

Chapter 2 Ownership of Collective Assets

Article 7 Collective assets owned by rural collective organizations include:

(1) Land that is collectively owned by law, Natural resources such as forests, mountains, grasslands, wastelands, water surfaces and tidal flats;

(2) Buildings of rural collective economic organizations, agricultural machinery, electromechanical equipment, means of transportation, communication tools, livestock, trees, orchards , farmland water conservancy facilities, mining facilities, rural roads and education, science and technology, culture, health, sports facilities, etc.;

(3) The assets of enterprises established or merged by rural collective economic organizations, in joint ventures, joint-stock cooperation Assets and corresponding value-added assets owned by enterprises, joint-stock enterprises, Sino-foreign joint ventures, cooperative enterprises and fund-raising construction projects according to the investment share;

(4) State agencies, social groups, enterprises and institutions, and others Assets formed by free appropriations, subsidies, subsidies, tax exemptions, and donations of property to rural collective economic organizations by organizations and individuals;

(5) Cash, deposits, and securities owned by rural collective economic organizations;

(6) Intangible assets such as trademark rights, patent rights, and copyrights owned by rural collective economic organizations;

(7) Other rural collective assets.

Article 8 All collective assets of rural collective economic organizations are protected by law, and any unit or individual is prohibited from misappropriating, looting, misappropriating, privately dividing, damaging, squandering or illegally sealing, detaining, freezing, confiscating, Level adjustment of rural collective assets, and illegal use of rural collective assets as guarantee.

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 approved by its member meeting or its representative meeting, and the collective asset ownership shall be obtained, Within thirty days from the date of change or termination, it shall be filed with the township (town) rural economic management agency.

The specific limits for relatively large amounts of collective assets stipulated in the preceding paragraph shall be determined by the agricultural administrative department of the county-level people's government.

Article 10: When disputes arise over the identification of ownership of rural collective assets, they shall be resolved by negotiation between the parties, unless otherwise provided by laws and regulations. If negotiation fails, the matter shall be coordinated and handled by the local people's government, or a lawsuit may be filed directly with the People's Court.

Chapter 3 Collective Asset Management

Article 11 People’s governments at or above the county level shall establish a rural property rights transfer and transaction platform focusing on the transfer of rural land contract management rights and forest rights. Provide services and institutional guarantees for the capitalization of rural assets, the marketization of rural resources, and the diversification of farmers' income.

Article 12 People’s governments at or above the county level shall strengthen the protection of ownership of rural collective assets. For non-operating assets, an effective mechanism for collective unified operation and management that is conducive to improving the company's service capabilities should be established. For operating assets, the ownership of property rights should be clarified and various forms of joint stock cooperation should be developed.

Article 13 Rural collective economic organizations are responsible for the management of rural collective assets, and their main responsibilities are:

(1) Implement the decisions passed by the members’ meeting of the collective economic organization or its representative meeting Articles of Association, resolutions and decisions;

(2) Formulate rules and regulations for collective asset management;

(3) Send personnel to participate in management work in accordance with the articles of association of joint ventures, joint-stock enterprises, and joint ventures ;

(4) Report collective asset management work to the collective economic organization’s member meeting or its representative meeting;

(5) Guide and supervise the management and use of collective assets of affiliated business units ;

(6) Responsible for the daily management of collective assets;

(7) Accept the guidance and supervision of the rural economic management agency on its collective asset management work.

Article 14 Rural collective economic organizations shall establish and improve systems for the management and use of fixed assets, products and materials, register changes in assets in a timely manner, and ensure that accounts are consistent with physical objects.

Article 15 Rural collective economic organizations must establish and improve a cash management system, with accountants and cashiers managing account books and cash respectively. Accountants shall calculate income, expenditures and balances in accordance with regulations and prepare accounting statements.

Article 16: All incomes of rural collective economic organizations shall be recorded in accounting books in accordance with regulations. Public funds shall not be kept privately, small treasury shall not be established, and cash shall not be withdrawn. All expenditures must be approved by the person in charge of finance of the collective economic organization in accordance with the system, strict approval procedures, and subject to supervision by the masses.

Article 17 Rural collective economic organizations shall establish a collective asset management system. If collective assets are contracted or leased, unless otherwise provided by laws, regulations and rules, the operator shall be determined through bidding, tendering, etc. It is prohibited to use one's authority to lower prices to award contracts or lease collective assets.

Before rural collective economic organizations use collective assets to participate in equity participation, joint ventures, or implement joint-stock cooperative operations, they must liquidate their assets, verify their assets, clear out their claims and debts, and conduct asset appraisals.

Article 18 Rural collective economic organizations shall, in accordance with the requirements of the socialist market economy, establish a collective asset circulation system and promote the rational transfer of collective assets through auctions, sales, transfers, mergers, share operations, joint ventures, etc. flow, achieve value preservation and appreciation, and develop and expand the collective economy.

Article 19 Rural collective economic organizations shall establish a collective asset reporting system, truthfully fill in asset statistical statements in accordance with regulations, and report to the township (town) rural economic management agency.

Article 20 Rural collective economic organizations shall establish an income distribution system, clear out the entire year’s income and expenditures at the end of the year, sort out finances, claims and debts, honor contract contracts and lease contracts, and allocate funds for production development in accordance with regulations. and funds needed for social welfare undertakings.

Article 21: Special funds such as depreciation of fixed assets and income from the transfer of use rights of barren mountains, wasteland, beach, water surface, and small water conservancy projects shall be earmarked for special purposes and shall not be misappropriated.

Article 22: If rural collective assets fall under any of the following circumstances, the rural collective economic organization shall entrust an asset appraisal agency established in accordance with the law to conduct asset appraisal:

(1) Implement contracting , leasing, shareholding, joint venture, joint venture and cooperative operation;

(2) Carrying out property rights changes such as asset auctions, transfers and property rights transactions;

(3) Merger of affiliated enterprises , separation and bankruptcy liquidation;

(4) Asset mortgage and other guarantees;

(5) Other assets that need to be evaluated.

After the rural collective assets have been evaluated, the evaluation results shall be confirmed by the member meeting of the collective economic organization or its representative meeting, and authenticated by the agricultural administrative department of the county-level people's government.

Article 23: Rural collective economic organizations shall accept the audit of their collective assets by rural economic management agencies.

Chapter 4 Democratic Supervision of Collective Assets

Article 24 Rural collective economic organizations shall establish democratic supervision groups of collective assets.

Members of the township (town) democratic supervision group are democratically elected by the township (town) collective economic organization member meeting or its representative meeting. The main persons in charge of township (town) people's governments and collective economic organizations and their immediate family members shall not serve as members of the democratic supervision group.

The village democratic financial management group established in accordance with the "Hebei Province Village Collective Financial Management Regulations" exercises the responsibility of democratic supervision of village collective assets.

Article 25 The main responsibilities of the democratic supervision group of collective assets are:

(1) To monitor the implementation of matters decided by the organization’s members’ meeting or its representative meeting by the rural collective economic organization Supervision;

(2) Inspect and supervise the collective asset management and financial activities of the collective economic organization;

(3) Participate in bidding and bidding activities for collective asset contracting, leasing and other business methods , and supervise the signing and performance of contracts;

(4) Listen to and reflect the opinions and suggestions of the masses on collective asset management work;

(5) Assist rural economic operation and management agencies in the management of collective assets Audit the collective assets of collective economic organizations;

(6) Other duties stipulated in laws and regulations.

Article 26 The following matters of a rural collective economic organization must be discussed and approved by its member meeting or its representative meeting:

(1) Annual financial budget and final accounts;

(2) Determination and change of collective asset management methods;

(3) Purchase and disposal of larger investment projects and important assets;

(4) Annual income Distribution plan;

(5) Other important matters.

Article 27: Rural collective economic organizations implement a collective asset disclosure system. Rural collective economic organizations are responsible for financial revenues and expenditures such as contract fees and rents, expropriation and land requisition compensation fees, cadre subsidies, entertainment fees, charges for establishing public welfare undertakings, special subsidies allocated by superiors, changes in collective asset ownership, homestead use plans, etc. It will be announced truthfully and item by item in the form of a public column every quarter. Important matters should be announced at any time and subject to the supervision of the masses.

Article 28: Members of rural collective economic organizations have the right to inquire about the management of collective assets of the organization, and the relevant person in charge of the rural collective economic organization shall respond within ten days.

Chapter 5 Legal Responsibilities

Article 29 Violations of the provisions of Article 8 of these Regulations shall be investigated by the township (town) people's government and the agricultural administrative department of the people's government at or above the county level. Or the relevant departments order corrections within a time limit; if economic losses are caused, compensation shall be provided in accordance with the law, and the agricultural administrative department of the people's government at or above the county level may impose a fine of 10% to 20% of the amount of the economic losses; the person responsible is State functionaries shall be subject to administrative sanctions by their units or competent authorities; those who violate the provisions of the "Law of the People's Republic of China on Public Security Administration Punishments" shall be dealt with by the public security organs in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

Article 30 Anyone who violates the provisions of Article 9, Paragraph 1, Article 21, Paragraph 1, and Article 27 of these Regulations shall be prosecuted by the township (town) people's government or the people's government at or above the county level. The government's agricultural administrative department criticized and educated the main responsible personnel and ordered them to make corrections within a time limit.

Article 31 Anyone who violates the provisions of Article 16 of these Regulations shall be ordered to make corrections within a time limit by the agricultural administrative department of the people's government at or above the county level, and the party concerned shall be fined 10% to 3% of the illegal amount. Ten fines.

Article 32 Anyone who violates the provisions of Article 17, Paragraph 1 and Article 26, Item (4) of these Regulations shall be prosecuted by the township (town) people’s government or the agricultural people’s government at or above the county level. The administrative department orders corrections within a time limit; if economic losses are caused, the principal responsible person shall compensate according to law, and the agricultural administrative department of the people's government at or above the county level shall impose a fine of 10% to 20% of the annual remuneration; this constitutes a crime , be held criminally responsible in accordance with the law.

Article 33 Anyone who violates the first paragraph of Article 22 of these Regulations shall be ordered to make corrections by the township (town) people's government or the agricultural administrative department of the people's government at or above the county level; if it causes economic losses , the responsible persons shall compensate in accordance with the law; if it causes significant economic losses and constitutes a crime, criminal liability shall be investigated in accordance with the law.

Article 34 If staff members of people’s governments at all levels responsible for the management of rural collective assets abuse their power, engage in malpractice for personal gain, or neglect their duties, causing losses to rural collective assets, and the circumstances are minor, their units or superiors shall be prosecuted. The agency shall impose administrative sanctions on the directly responsible person in charge and other directly responsible personnel; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

Article 35: If the parties concerned are dissatisfied with the administrative penalty decision, they may apply for reconsideration or file a lawsuit in accordance with the law. If the person fails to apply for reconsideration within the time limit, does not file a lawsuit and fails to implement the penalty decision, the agency that made the penalty decision may apply to the People's Court for compulsory execution.

Chapter 6 Supplementary Provisions

Article 36 The collective asset management of villagers' groups (former production teams) that implement independent accounting shall be implemented with reference to these regulations.

Article 37 The agricultural administrative department of the Provincial People’s Government may formulate implementation measures in accordance with these Regulations and submit them to the Provincial People’s Government for approval before implementation.

Article 38 These Regulations shall come into effect on the date of promulgation.

Rural collective assets

Rural collective assets: Rural collective assets refer to resource assets and non-resource assets collectively owned by all members of the village collective (community members) in their hometowns (townships and streets). assets. Including: collectively owned land, forests, mountains, grasslands, wasteland, tidal flats, water surfaces and other natural resources; collectively owned current assets, long-term assets, fixed assets, intangible assets and other assets.

The carrier of rural collective assets is the village collective economic organization, which refers to community-based village economic cooperatives, joint-stock economic cooperatives, etc. that are collectively owned, cooperatively operated, democratically managed, and serve members under the rural two-tier management system. .

The assets owned by the village collective economic organization shall be collectively owned by the members of the village collective economic organization.

The assets collectively owned by a group (team) are still collectively owned by the members of the group (team).

The ownership of collective assets is protected by law and may not be infringed upon by any unit or individual. It is prohibited for any unit or individual to appropriate, plunder, privately distribute, or destroy village collective property.

In addition to implementing national policies and regulations, the disposal and distribution of rural collective assets shall be discussed and decided at a meeting of all members (representatives) of rural collective economic organizations.