Notice of the State Council on the Issuance of the Work Program on Accelerating the Divestment of Social Functions of State-owned Enterprises and Resolving Historical Problems Left Behind
The acceleration of the divestment of social functions of state-owned enterprises and the resolution of historical problems left behind are important reform deployments made at the Third Plenary Session of the 18th CPC Central Committee as well as in the "Guiding Opinions of the Central Government of the People's Republic of China on Deepening the Reform of State-owned Enterprises. The important reform deployment. In recent years, various regions and departments have introduced a series of policies and measures to actively promote the relevant work and achieve initial results, the transfer of schools run by state-owned enterprises and public prosecutors and law enforcement agencies to localities has basically been completed, and some hospitals run by state-owned enterprises have been transferred to localities or have been restructured.
But at present there are still a large number of state-owned enterprises to run social institutions, socialized management of retired staff, factory-run collective reform and other historical problems are more prominent, personnel management, operating costs are heavy burden, has seriously constrained the reform and development of state-owned enterprises. In order to further deepen the reform of state-owned enterprises, accelerate the divestment of state-owned enterprises to run social functions and solve the historical legacy of problems, and promote the state-owned enterprises to lighten the load, fair participation in the competition, and focus on resources to strengthen the main business, is to formulate the following work program.
I. Basic principles
(A) adhere to the market-oriented, separation of government and enterprises. Give full play to the decisive role of the market in the allocation of resources, the implementation of business autonomy in accordance with the law, and promote the deepening of reform of state-owned enterprises, truly become self-managed, self-financing market players. In accordance with the principle of marketization, to explore the government to purchase services and other ways to promote the professional operation of public **** services, improve service quality and operational efficiency, state-owned enterprises no longer undertake the development of the direction of the main business is not consistent with the public **** service functions.
(ii) adhere to the classification guidance, step by step implementation. For the characteristics of different enterprises, according to local conditions, classified treatment, do not engage in "one size fits all", allowing the separation and transfer, restructuring and reorganization, closure and withdrawal, the government to purchase services, specialized operations and management of different ways to divest social functions and solve the historical legacy problems. Reform ideas are clear, the conditions are ripe in the region can take the lead in promoting the reform of the complexity of the situation in the region can be a pilot first, and gradually promote.
(3) Adhere to multi-channel financing and reasonable sharing of costs. The establishment of the government and state-owned enterprises to reasonably share the cost of the mechanism, multi-channel financing, state-owned enterprises as the main body of responsibility, bear the main costs; the financial to be appropriate subsidies, according to the relationship between the hierarchy of enterprises and supervision and historical development and other factors, the central and local financial respectively.
(4) adhere to the people-oriented, maintain stability. Seriously do a good job in the work of staff diversion and resettlement, safeguard the legitimate rights and interests of employees, and do a good job of social security, employment and training and other related policies. Strengthen the policy publicity and ideological and political work to create a favorable environment for reform.
Two, the work requirements
(a) state-owned enterprises, employees' family areas, "three for one industry" separation and transfer. The enterprise workers family area water supply, electricity, heat (gas) and property management (collectively referred to as "three for one industry") equipment and facilities for the necessary maintenance and renovation, to reach the average level of urban infrastructure, set up a meter, according to the household charges, by specialized enterprises or institutions to implement social management.
1? The time schedule. 2016 to start, comprehensively promote the state-owned enterprises "three for one industry" separation and transfer of work, 2018 before the end of the basic completion.
2? Policy measures. Maintenance and renovation standards, renovation cost measurement and other related work to implement the relevant policies issued by the local people's governments at or above the municipal level in each region, and to implement the same policy standards for central enterprises and local state-owned enterprises in the same region. The cost of separation and transfer is shared by the enterprise and the government***, and the cost of separation and transfer of central enterprises is subsidized by the central government by 50 %.
The separation and transfer costs of the former policy bankrupt central enterprises are fully borne by the central government, and the central government will appropriately subsidize the separation and transfer costs of the former central decentralized coal, non-ferrous metal, military and other enterprises (including policy bankrupt enterprises). The separation and transfer costs of local state-owned enterprises by the local people's government to study a clear solution.
3?． Division of labor. SASAC and the Ministry of Finance take the lead.
(1) The State-owned Assets Supervision and Administration Commission and the Ministry of Finance are responsible for formulating guidance on the separation and transfer of "three supplies and one business" in the family areas of employees of state-owned enterprises (to be completed by the end of 2016).
(2) The Ministry of Finance is responsible for formulating specific subsidies for the separation and transfer of "three supplies and one industry" in the family areas of employees of coal, non-ferrous metals and military enterprises (including policy bankruptcy enterprises) that were formerly decentralized by the central government (to be completed by the end of 2016).
(3) The State-owned Assets Supervision and Administration Commission (SASAC), the Ministry of Finance and the provincial people's governments have established a coordination mechanism to promote the work of separating and transferring the "three supplies and one industry" in the family zones of employees of state-owned enterprises.
(2) divestment of state-owned enterprises to run medical, education and other public **** service organizations. State-owned enterprises to run medical, education, municipal, fire, community management and other institutions to implement the classification of treatment, to take the transfer, merger, restructuring or specialized management, the government to purchase services and other ways to divest.
1. time schedule. 2016 introduced divestment of state-owned enterprises to run medical, education and other public **** service institutions policy measures, by the end of 2017 to complete the transfer of enterprise-managed municipal facilities, employees' family areas of community management functions to the local as well as on the classification of enterprise-run fire fighting institutions, by the end of 2018 to complete the transfer of enterprise-run medical, education institutions restructuring or centralized management work.
2. Policy measures.
(1) Classified treatment of enterprise-run medical and educational institutions. For medical and educational institutions that have agreed to be accepted by consensus with the local authorities, they will be transferred to the local authorities for management; for medical and educational institutions that are difficult to operate and lack competitive advantages, they will be withdrawn and the related personnel resettlement and asset disposal work will be done well; for medical and educational institutions that need to be retained for special reasons, they will carry out the optimization and integration of resources in accordance with the market principle, and realize professional operation and management. At the same time, actively explore the government to purchase services and other modes, the introduction of social capital to participate in the reorganization of enterprise-run medical and educational institutions restructuring.
(2) of the enterprise in accordance with the requirements of the fire code construction of fire safety management organizations and full-time fire department to be retained; the enterprise run by the municipal fire agencies, in principle, be withdrawn. Which meets the local town fire planning layout can not be withdrawn from the fire department (station) transferred to the local people's government to receive.
( 3?) The enterprise is responsible for the management of municipal facilities, staff family areas of community management transferred to the local government is responsible for.
( 4?) The central government will subsidize 50% of the costs involved in the process of the withdrawal, restructuring, and centralized management of the central enterprise-run medical and educational institutions for the streaming and resettlement of employees, and will appropriately subsidize the costs related to the former central decentralized local coal, non-ferrous metal, and military enterprises (including policy bankruptcy enterprises). Local state-owned enterprises of the public **** service organizations divestment costs, by the local people's government to study a clear solution.
3?． Division of work. State-owned Assets Supervision and Administration Commission (SASAC), Ministry of Education, Ministry of Public Security, Ministry of Civil Affairs, Ministry of Finance, Ministry of Housing and Urban-Rural Development, and the Health and Family Planning Commission are responsible for the division of labor according to their responsibilities.
(1) The State-owned Assets Supervision and Administration Commission (SASAC), the Health and Family Planning Commission (HFPC), and the Ministry of Finance (MOF) are responsible for formulating guidelines on deepening the reform of state-owned enterprises running medical institutions (to be completed by the end of 2016).
(2) SASAC, the Ministry of Civil Affairs, the Ministry of Finance, and the Ministry of Housing and Urban-Rural Development are responsible for formulating guidance on the separation and transfer of municipal, community and other functions run by state-owned enterprises (to be completed by the end of 2016?year) .
(3) The SASAC, the Ministry of Education and the Ministry of Finance are responsible for formulating guidance on deepening the reform of educational institutions run by state-owned enterprises (to be completed by the end of 2016).
(4) SASAC, the Ministry of Public Security, and the Ministry of Finance are responsible for formulating guidance on the categorization of fire-fighting institutions run by state-owned enterprises (to be completed by the end of 2016).
(3) Implementing socialized management of retirees of state-owned enterprises. After the employees of state-owned enterprises go through retirement procedures, their management services are separated from the original enterprises and uniformly handed over to the local community to implement socialized management; focusing on state-owned enterprises that have not yet realized socialized management of retired personnel transferred to the community to implement local management, and community service organizations to provide appropriate services.
1. Timing: Starting from 2016, taking the approach of first pilot and then promoting, the retirees of state-owned enterprises will be gradually transferred to the community to implement socialized management, to be completed by the end of 2020.
2. Policy measures.
(1) Do a good job of transferring the social insurance relations and party organization relations of retirees from state-owned enterprises, and store the relevant files in the county-level archives management department.
(2) Retirees from state-owned enterprises that have not yet implemented socialized management are transferred to community management at an approved cost base per person per year. Central enterprises as well as the original central devolved local coal, non-ferrous metals, military and other enterprises (including policy bankruptcy enterprises) to transfer the management costs incurred by the retirees by the central government; local state-owned enterprises to transfer the management costs incurred by the retirees by the local people's government to study a clear solution.
(3) In principle, the existing management of retirees will remain unchanged, and those who are in a position to do so may be transferred to the relevant local departments for management.
(4) Properly resolving the issue of expenses (including heating costs in the relevant areas) for retired personnel of state-owned enterprises outside the overall plan.
3. Division of labor. State-owned Assets Supervision and Administration Commission, the Central Organization Department, the Ministry of Civil Affairs, the Ministry of Finance, the Ministry of Human Resources and Social Security in accordance with the division of responsibilities, the formulation of guidance on the socialized management of retirees of state-owned enterprises (to be completed by the end of 2016).
(4) Promoting the reform of factory-run large collectives. In accordance with the State Council's work deployment and time requirements, the complete separation of factory-run large collectives from the host state-owned enterprises was realized, and the employees of factory-run large collectives were properly resettled.
Policy measures. Conscientiously implement the Guiding Opinions of the General Office of the State Council on the Nationwide Reform of the Factory-Based Large Collectives (Guo Ban Fa [2011] No. 18), and further study and improve the relevant policies and measures. Further study and improve relevant policies and measures. The central financial reform of factory-run large collectives to continue to give subsidies and incentives, the proportion of subsidies in accordance with the provisions of the State Council [2011] No. 18 document remains unchanged, the proportion of incentives uniformly determined as 30%.
Local governments and central enterprises should take into account the actual situation, the self-financing and central financial subsidies to be used for the continuation of the social insurance relations of employees, the termination of labor relations and economic compensation and other reform expenditures, the specific scope of which will be reasonably determined by the regions in accordance with the actual situation. The shortfall of the basic pension insurance fund due to the write-off of the pension insurance arrears of the closed and bankrupt factory-run large collective enterprises shall be considered by the regions in conjunction with the relevant subsidized funds from the central financial authorities and their own financial strength.
2. Division of labor. State-owned Assets Supervision and Administration Commission, Ministry of Finance, Ministry of Human Resources and Social Security, Development and Reform Commission in accordance with the division of responsibilities, in accordance with the relevant work arrangements to promote the implementation.
(e) Focus on solving the problems of a few large and medium-sized state-owned enterprises in difficulty. For a few large and medium-sized state-owned enterprises in difficulty that continue to suffer serious losses, do not conform to the direction of structural adjustment, and have been formed for historical reasons, measures will be taken on an enterprise-by-enterprise basis to properly solve the problems of production and operation of the enterprise and the protection of employees' livelihood.
1. Policy measures to sort out and classify state-owned enterprises in difficulty and carry out centralized management through bankruptcy and liquidation, reorganization or debt restructuring in accordance with the law, respectively. Enterprises should actively raise funds through asset realization, asset securitization, the introduction of strategic investment and other ways, local governments should properly solve the problems of employee streaming and resettlement, social insurance relations, etc., and the relevant financial institutions should deal with the debts and liabilities of enterprises in accordance with the law.
2. Division of labor. State-owned Assets Supervision and Administration Commission, Ministry of Finance, China Banking Regulatory Commission, National Defense Science and Industry Bureau in accordance with the division of responsibilities.
(1) SASAC is responsible for formulating guidance on increasing governance of central enterprises in difficulty (to be completed by the end of 2016).
(2) For state-owned enterprises in difficulty formed due to historical reasons, SASAC, the Ministry of Finance, the CBRC, and the Defense Science and Industry Bureau, in conjunction with relevant departments, will conduct special research on solution measures in accordance with the principle of one enterprise, one policy.
Three, safeguard measures
(1) strengthen organizational leadership. Under the unified leadership of the State Council Leading Group of State-owned Enterprises Reform, a special group was set up to divest state-owned enterprises of their social functions and to resolve historical legacy issues. The special group is led by the State-owned Assets Supervision and Administration Commission (SASAC) and the Ministry of Finance, with the participation of the Central Organization Department, the Development and Reform Commission, the Ministry of Education, the Ministry of Public Security, the Ministry of Civil Affairs, the Ministry of Human Resources and Social Security, the Ministry of Housing, Urban and Rural Development, the Health and Family Planning Commission, the China Banking Regulatory Commission, and the Bureau of National Defense Science and Industry. The special group is responsible for formulating an annual work plan, doing a good job of supervision and inspection, and promoting the timely implementation of various reform measures by central enterprises and local governments.
(ii) Playing a local role. Local people's governments at all levels should strengthen the organization and leadership of the work of divesting enterprises of their social functions and resolving historical legacy issues, develop specific implementation measures in the light of local realities, and do a good job of policy propaganda, so as to ensure that the reforms are carried forward in a stable and orderly manner. The historical legacy problems of regional state-owned enterprises not covered by this work program shall be properly resolved by each region in accordance with the actual situation.
(3) Implementation of corporate responsibility. State-owned enterprises at all levels should set up special working groups, incorporate the divestment of social functions and the resolution of historical legacy issues into the performance appraisal system, introduce implementation measures on time, do a good job of risk assessment, and improve the operability and feasibility of measures. Funds should be actively raised through asset realization, equity transfer and asset securitization. Strengthen the external audit, strict implementation of the main body to undertake the debt, to prevent evasion of financial debt and loss of state-owned assets.
(D) guarantee funding. SASAC, the Ministry of Finance and other relevant departments to strengthen communication and coordination, timely understanding of the progress of the reform, and study and solve the implementation process of the relevant issues. The state-owned capital management budget is prioritized to support the divestment of social functions of state-owned enterprises and to resolve historical problems. The Ministry of Finance and the State-owned Assets Supervision and Administration Commission (SASAC) will do everything possible to ensure the financial needs of the reform in accordance with the progress of the work.
The Ministry of Finance coordinates the arrangement of annual budget funds, and allocates the relevant subsidies in full and on time. The central government's subsidies for the separation and transfer of central enterprises' "three supplies and one industry" and the divestment of medical education and other public **** service organizations are mainly implemented through the state-owned capital operating budget and other funding channels.
Regions and departments should fully understand the complexity and enormity of divesting state-owned enterprises of their social functions and resolving historical legacy issues, clarify objectives, strengthen communication, broaden thinking, innovate methods, and actively introduce social capital to explore new paths of reform and promote the optimal allocation of resources for public *** services, and strive to basically complete the divestment of state-owned enterprises of their social functions and resolve historical legacy issues by 2020. The problem is that the state-owned enterprises have to be able to provide their own services.
The State-owned Assets Supervision and Administration Commission (SASAC) and the Ministry of Finance, together with the relevant departments, should do a good job in guiding and supervising the work, to ensure that the reform tasks are carried out in practice, and the major situation is reported to the State Council in a timely manner.
Expanded Information:
State-owned enterprises (SOEs), in international practice, refer only to enterprises invested in or under the control of or with the participation of a country's central or federal government. In China, state-owned enterprises also include enterprises invested and controlled by local governments. The government's will and interests determine the behavior of state-owned enterprises. As a form of production and management organization, state-owned enterprises have the characteristics of both for-profit and public welfare legal persons. Its profitability is reflected in the pursuit of state-owned assets and value-added. Its public welfare is reflected in the establishment of state-owned enterprises is usually in order to achieve the goal of the state regulation of the economy, and plays a role in reconciling the various aspects of the national economy development.
Specifically, it is pointed out that in addition to the broadly and narrowly defined central enterprises in our country, for individual central enterprises in the process of national socio-economic development of the responsibilities borne by the more special, these central enterprises under the direct management of the State Council, belonging to the full ministerial level.
In February 2015, the Central Commission for Discipline Inspection of the fifth plenary session released an important signal - to the central enterprises as the representative of the state-owned enterprises, will become an important "battlefield" to promote the fight against corruption.
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