The rural collective economic organizations mentioned in these Regulations (hereinafter referred to as collective economic organizations) refer to independent accounting economic organizations established by all members of townships, towns, villages and groups in the form of collective ownership of means of production.
Collective economic organizations are the main body of collective asset management and have the obligation to protect collective assets. Villages and groups that have not established collective economic organizations are managed by villagers' committees and villagers' groups; Townships and towns that have not established collective economic organizations shall be managed by institutions designated by the people's governments of townships and towns. Article 3 These Regulations shall apply to the operation, management and supervision of collective assets owned by collective economic organizations within the administrative area of this province. Where laws and regulations have provisions on township enterprises, land and forests, such provisions shall prevail. Article 4 The administrative department of agriculture of the people's governments at or above the county level shall be responsible for the guidance, supervision and service of collective assets management of collective economic organizations within their respective administrative areas.
The relevant administrative departments of the people's governments at or above the county level shall, in accordance with their respective duties, do a good job in the guidance, supervision and service of collective asset management according to law. Chapter II Ownership of Assets Article 5 Collective economic organizations shall have the right to possess, use, profit from and dispose of their collective assets according to law. Article 6 Collective assets include:
(1) Cultivated land, garden, woodland, grassland, water surface, unused land and other natural resources that are collectively owned according to law;
(two) buildings, farmland water conservancy, electric power, rural roads, machinery, transportation, communication, culture, education, health, sports and other facilities formed by collective economic organizations;
(3) Accumulated funds and creditor's rights owned by collective economic organizations;
(4) Assets of enterprises invested or merged by collective economic organizations; Share of assets enjoyed in joint ventures, joint-stock companies, joint ventures and cooperative enterprises according to the agreement;
(five) new assets formed by collective economic organizations to set up enterprises, engage in public welfare undertakings, invest in labor services, and participate in shares or joint ventures;
(six) the relevant units and individuals to subsidize the assets of collective economic organizations free of charge;
(7) Stocks, bonds and other securities purchased by collective economic organizations;
(8) Intangible assets such as copyrights, patents and trademarks owned by collective economic organizations;
(nine) other assets belonging to the collective economic organizations according to law. Seventh collective assets should be registered according to law, and the property rights should be clear before registration.
The acquisition, alteration and elimination of the ownership of assets of collective economic organizations shall be registered within 30 days from the date of acquisition, alteration and elimination. Collective assets belonging to villages and groups shall apply to the people's governments of townships and towns for registration and report to the administrative departments of agriculture of the people's governments at the county level for the record; Collective assets belonging to townships and towns shall apply to the administrative department of agriculture of the people's government at the county level for registration. Article 8 No organization or individual may change the nature of collective assets without authorization, except for land requisition by the state and property rights transactions conducted by collective economic organizations according to law. Article 9 Disputes over property rights of collective assets shall be settled by the parties through consultation; If negotiation fails, it shall be handled by the local people's government. The parties may also bring a lawsuit to the people's court according to law. Chapter III Encouragement and Development Article 10 People's governments at all levels shall incorporate the development of rural collective economy into the overall plan for national economic development, and guide and guide collective economic organizations to rely on collective assets to determine business projects, set up economic entities and develop and expand the collective economy. Eleventh people's governments at all levels should encourage the use of collective assets to set up economic entities through technology, investment, shareholding, joint venture and other forms; Encourage and support rural intermediary organizations to use collective assets to carry out various agricultural products circulation activities according to law.
Industry and commerce, taxation, banking and other departments at all levels shall provide relevant policies and business advice to units and individuals involved in the development and operation of collective assets when handling relevant procedures according to law.
Collective economic organizations shall provide services to units and individuals that use collective assets for development and operation. Chapter IV Asset Management Article 12 Collective economic organizations shall enjoy the right to operate collective assets according to law. Thirteenth collective economic organizations directly manage collective assets, must be clear about business responsibilities and business objectives, by the person in charge; A written contract shall be signed if it is operated by contracting, leasing, joint venture or shareholding.
In addition to the responsible place, the contracting and leasing of collective assets shall be subject to tender, and the winning operator shall provide guarantee according to law; If depreciation should be accrued, depreciation expenses should be accrued in accordance with regulations. Fourteenth the legitimate rights and interests of collective assets operators are protected by law, enjoy the rights stipulated in the contract, and undertake the obligation to operate, protect and manage collective assets according to law. Article 15 When the ownership or use right of collective assets is auctioned, transferred or transferred due to the change of operation mode according to law, the assets must be evaluated by an institution with evaluation qualification, and the evaluation value shall be taken as the basis for the total value of the assets of the transfer ownership certificate or use right.