Lanzhou City, to solve the historical legacy of the registration and issuance of housing property rights of the specific rules In recent years, the city's real estate industry has developed rapidly, the development of the real estate industry to accelerate the pace of urban construction, enhance the city's image, and to pull the city's economic growth has made a positive contribution.
However, due to a variety of reasons, such as: the construction of functional adjustment, planning changes, road construction, construction units withdrawn, bankruptcy, as well as unpaid taxes and fees, did not handle the planning acceptance, there are violations of the reasons, resulting in the city part of the masses after the purchase of housing can not apply for the "Certificate of Housing Ownership", so that their legitimate rights and interests are not protected, and affects the purchase of household relocation and children's schooling and so on. These historical problems, that affect the healthy development of the city's real estate industry, but also become a potential factor affecting social stability.
In this regard, the public through a variety of ways to reflect the difficult problem of real estate license. Municipal Party Committee, the city *** attaches great importance to this issue, the main leader made important instructions, requiring real estate management departments to solve the historical legacy of the registration and licensing of housing property rights as an important livelihood issues, and seriously study the solution.
In order to seriously solve the problem of historical legacy of the registration of housing ownership, to maintain social stability and the legitimate rights and interests of home buyers, according to the relevant provisions of the Ministry of Housing and Urban-Rural Development, by the city *** study, the solution to the historical legacy of the registration and licensing of housing ownership of the opinions put forward, to take the following measures, focus on the solution. First, the principle of settlement "respect for history, face the reality", "in accordance with the law, classified guidance", "open and fair, solve the problem" as the principle, adhere to the handling of violations and solve the practical difficulties of the people separate from the illegal behavior. To solve the practical difficulties of the people separate, more old accounts, not owe new accounts, and effectively solve the historical problems of registration and licensing of housing ownership.
Second, the scope of acceptance of December 31, 2009 before the completion and the buyer moved in for a full year of commercial housing, affordable housing, units of self-built housing, housing reform, demolition and resettlement of housing and other residential buildings and complexes containing residential. Cottage, simple residential buildings are not within the scope of acceptance.
Third, the processing time limit August 1, 2010 to December 31, 2011 . Fourth, the solution (a) the solution to the remaining problems of commercial housing 1, where the "construction project planning permit" copy, completion and acceptance of the record and move in for one year, in the "construction project planning permit" copy of the approved number of layers within the scope of the construction project planning permit, will no longer handle the "construction project planning permit" copy of the original for the procedures of the real estate sector based on the "construction project planning permit" copy of the property rights directly for registration.
2, in violation of the approval of the construction project planning, super-storey, plus the unit of the housing by the municipal planning department to deal with, according to the construction cost of 10% of the construction project fines, retroactive payment of land premiums, urban infrastructure support costs, human defense junction fees and other costs. Although the violation of the construction project planning, but in line with urban planning or not seriously affect urban planning, by the real estate sector based on the market planning department to be dealt with the processing of property rights registration, no longer for planning procedures.
3, where not obtained a copy of the "Construction Engineering Planning Permit", has been completed and acceptance for the record, and move in for one year, by the urban management department to deal with the illegal construction, make up for the payment of land premiums, urban infrastructure support costs, human defense junction fees and other costs. Although the violation of the construction project planning, but in line with urban planning or not seriously affect urban planning, by the real estate sector based on the city's urban management department to deal with the views of the property rights to be registered, and no longer for planning procedures.
4, belonging to the construction of illegal and unprocessed, by the planning, urban management departments ordered to accept the deadline for processing, the real estate sector in accordance with the second and third for registration. Refusal to accept the treatment of its investment in the city's other projects are suspended for approval procedures; in the stop approval of its involvement in the project procedures on the basis of the enterprise's license, qualifications, etc. in the annual review is not accepted, review, until the cancellation of its development qualifications; at the same time, the legal person of the enterprise included in the industry, "blacklisted", in the media publicly The company's business is not only a business, but also a business, and it is a business.
(B) the solution to the remaining problems of affordable housing 1, where both the "construction work planning permit" copy, the completion of the acceptance of the record and move in for a year, in the "construction project planning permit" copy of the number of approved layers within the scope of the construction project planning permit is no longer for the "construction project planning permit" copy of the original formalities by the real estate sector based on the "construction project planning permit" copy of the property rights directly for registration. Registration. 2, in violation of the approval of the construction project planning, super-storey, plus the unit of housing, completion and acceptance of the record and move in for one year, by the municipal planning department to deal with, according to the construction of 5% of the cost of the construction work for fines, retroactive payment of urban infrastructure support costs, building fees, such as the cost of human defense.
Although the violation of the construction project planning, but in line with urban planning or not seriously affect urban planning, the real estate sector based on the municipal planning department to deal with the processing of property rights to be registered, and no longer for planning procedures. 3, the household area exceeds the standard construction, has been completed and acceptance for the record and move in for one year, exceeding the standard part of the year of purchase of the provincial *** issued by the market price of ordinary commercial housing, the difference is paid to the municipal coffers, with tax vouchers, the city housing reform office audit agreed, the real estate sector to be handled by the property rights registration.
(C) unit of self-built housing solutions to the remaining problems 1, where a copy of the "Construction Engineering Planning Permit", the completion of the acceptance record and move in for one year, in the "Construction Engineering Planning Permit" copy of the number of approved layers of the scope, and no longer for the "Construction Engineering Planning Permit" the original formalities, by the real estate sector based on the "Construction Engineering Planning Permit" copy of the property rights directly for the registration of property rights. 2, in violation of the approval of the construction work planning, super-storey, plus unit of housing, completion and acceptance of the record and move in for one year, the city planning department to deal with, according to the construction cost of 5% of the construction project fines, retroactive payment of urban infrastructure support costs, human defense junction fees and other costs.
Although the violation of the construction project planning, but in line with urban planning or does not seriously affect urban planning, the real estate sector based on the municipal planning department to deal with the processing of property rights to be registered, and no longer for planning procedures. 3, where units in the allocated land on the self-built stock of housing, has obtained the certificate of ownership of housing listed on the transfer of housing, by the housing title registration agency on behalf of the transaction price of 1% (paid by the buyer) of the land premiums, to be handled by the transfer of the certificate of ownership of housing registration.
(D) housing reform housing legacy solutions 1, for the unit will not handle the initial registration of the house, according to the housing policy to sell to employees, housing reform approval procedures are complete, submitted in the unit.
Second, the state set up what kind of department to solve the developers of property disputes historical legacy issuesGuangzhou Municipal People *** Office forwarded the City Land and Housing Bureau on the resolution of the city's historical legacy of the handling of real estate license issues of a number of opinions of the notice (Spi-fu Office 〔2008〕 No. 7) districts, counties and municipalities of the people ***, municipal *** Departments, agencies directly under the city ***: Municipal Land and Housing Bureau of the "On the resolution of the Municipal Land and Housing Bureau "on resolving the city's historical legacy of real estate license for a number of opinions" by the municipal people *** agreed, is hereby forwarded to you, please conscientiously implement.
Problems encountered in the implementation, please radial to the Municipal Land and Housing Bureau to reflect. Guangzhou Municipal People's *** Office February 1, 2008 On the resolution of the city's historical legacy of the handling of real estate certificates of a number of opinions (Municipal Land and Housing Bureau) According to the administration of the law, respect for history, the principle of seeking truth from facts, to safeguard the interests of the masses, maintain social stability, and promote social harmony for the purpose of resolving the problem due to the closure of the construction unit (including administrative enterprises and public institutions), bankruptcy, abolition, annexation, or default on taxes and fees, do not apply for a certificate of real estate, or the construction of the city's land and housing. Or unpaid taxes, not for planning acceptance, not for the initial registration of real estate and other reasons for the real estate registration of the historical legacy of the problem put forward the following views: First, the organization and leadership In order to effectively solve the problem of real estate registration of the historical legacy of the city set up by the municipal * * * the leadership in charge as a leader, the city of construction, planning, land and housing management, finance, land tax, industry and commerce, public security and fire safety, civil defense, and other functional departments of the City of the solution to the historical legacy of the issue of real estate certificate leadership group. For real estate license issues left behind leading group (hereinafter referred to as the leading group), unified leadership, research and coordination to deal with the historical legacy of real estate registration.
The leading group set up under the city to resolve the historical legacy of the real estate license office (located in the City Land and Housing Bureau, hereinafter referred to as the Office of the license, engraved with a special seal), is responsible for convening the various functional departments *** with the study of the resolution of the historical legacy of real estate registration, the establishment of difficult cases will be examined by the mechanism, and unity of the external work. Second, the object and scope of work to solve the city's municipal jurisdiction in 10 areas of state-owned land on the real estate registration of the object and the scope of: (a) housing reform buyers legally purchased public housing, public housing purchase agreement has been in accordance with law in the municipal housing system reform office for the housing reform filing procedures and has been paid off the housing reform of the purchase price; (b) commercial property pre-purchase of legally purchased pre-sale of commercial property, pre-sales of commodity property contract has been processed in accordance with law. (b) The pre-sale of commodity houses legally purchased by pre-purchasers of commodity houses, whose pre-sale contracts of commodity houses have been registered and filed in accordance with the law and the purchase price of commodity houses has been paid in full; (c) Houses purchased prior to the implementation of the Measures for the Administration of Pre-sale of Urban Commodity Houses on January 1, 1995, where the two parties of the purchase and sale of houses have signed a contract on the purchase and sale of houses but have not registered and filed the procedures for the contract, and the purchasers of houses have paid in full for their purchase of the houses; (d) Houses legally obtained by people who are being evicted for compensation for house removal and relocation and the compensation agreement on house removal has been signed in accordance with the law in the municipal urban housing Compensation agreement has been according to law in the city of urban housing demolition and relocation management office for the record; (E) state-owned enterprises or administrative institutions, due to production, residential needs in the unit's original own land construction of production, office, business premises and staff quarters, etc.; (F) the other by the leading group will examine the study that the source of ownership of lawful sources of real estate registration can be handled according to law.
Third, the real estate registration and licensing procedures Belonging to the above scope of housing, real estate registration and licensing according to the following procedures: (a) application. Application for registration of real estate property rights, should be in accordance with the law to the Municipal Land and Housing Authority to apply, fill out an application for real estate registration, and submit relevant information: 1. housing reform buyers should submit identity documents, the municipal housing system reform office housing reform filed by the Public Housing Purchase Agreement, proof of payment of housing purchase, public security departments issued by the door plate certificate, housing measurement results report and other information.
2. Commodity housing pre-purchase should be submitted to the identity documents, registered according to law for the record of commodity housing pre-sale contract, proof of payment of the purchase price of commodity housing, the public security department issued by the door license plate certificate, housing measurement results report and other information. 3. "Urban Commodity Pre-sale Management Measures" before the implementation of the buyer and seller signed a contract for the sale of housing, but did not register the contract for the record, the buyer has paid the purchase price of legally purchased housing, the buyer should submit identity documents, notarized housing contract, proof of payment of the purchase price of the public security department issued a certificate of the door plate, the results of the house measurement report and other information.
4. The evicted person shall submit identification documents, house demolition and relocation compensation agreement registered in the city housing demolition and relocation management office according to the law, the public security department issued by the door license plate certificate, house measurement results report and other information. 5. State-owned enterprises or administrative institutions should be submitted to the land, construction information, the public security department issued by the door license plate certificate, housing measurement results report and other information.
6. The above housing reform buyers, commercial housing pre-purchasers, buyers and evicted people can *** with the commissioned owners' committees, property management companies, intermediaries, or individuals, collective application for registration of real estate ownership. Collective application for registration of real estate property rights should be unified to the Municipal Land and Housing Bureau, and submit the application information and documents proving the entrusted relationship in accordance with the above provisions.
7. Housing reform buyers, commercial housing pre-purchase, buyers, demolished and state-owned enterprises or administrative institutions to apply for the initial registration of ownership of real estate should also be submitted to apply for registration of housing construction projects belonging to the original construction approval documents, can not be submitted to the urban planning department to apply for a copy of the original construction approval documents and stamped by the urban planning department to confirm. 8. April 1, 1997 "Guangzhou City Planning Regulations" after the implementation of the reported construction of housing, in addition to the above provisions of the application materials should be submitted, should be submitted to the construction project planning acceptance certificate.
Because the construction unit has been canceled can not apply for planning acceptance, the above housing reform purchasers, commercial housing pre-purchasers, buyers and demolished people can *** with the commissioned owners' committees, property management companies, intermediary companies, or individuals, collectively to the urban planning department to apply for planning acceptance, and in accordance with the relevant provisions of the application information and entrusted to the relationship between the supporting documents. (B) review the registration and issuance of certificates.
Belonging to the above scope of housing registration and issuance of certificates, the Municipal Land and Housing Bureau in accordance with the following principles: 1. Application for registration of real estate in line with the following conditions, the Municipal Land and Housing Bureau can be the initial registration and transfer of registration for the combined processing of the real estate certificate issued directly: (1) ownership of the source of clarity; (2) clear boundaries; (3) application for registration of real estate in the land use, construction, and other documents to authorize the construction of the scope of. Within. 2. Application for registration of real estate in one of the following circumstances, the Municipal Land and Housing Bureau will not be registered: (1) ownership disputes; (2) by the judiciary, administrative organs according to law in the form of seizure and other forms of restriction of real estate rights.
Third, the state set up what kind of department to solve the developer property disputes historical legacyGuangzhou Municipal People's *** Office forwarded the Municipal Land and Housing Bureau on the resolution of the city's historical legacy of the handling of real estate certificates for a number of opinions on the notice (Sui Fu Office [2008] No. 7) The districts, county-level city people ***, the municipal *** Departments, agencies directly under the city ***: Municipal Land and Housing Bureau "on the resolution of the historical legacy of the handling of real estate certificates Municipal Land and Housing Bureau "on the resolution of the city's historical legacy of the handling of real estate license issues of a number of opinions" by the municipal people *** agreed, is hereby forwarded to you, please conscientiously carry out the implementation.
Problems encountered in the implementation, please radial to the Municipal Land and Housing Bureau to reflect. Guangzhou Municipal People's *** Office February 1, 2008 On the resolution of the city's historical legacy of the handling of real estate certificates of a number of opinions (Municipal Land and Housing Bureau) According to the administration of the law, respect for history, the principle of seeking truth from facts, to safeguard the interests of the masses, maintain social stability, and promote social harmony for the purpose of resolving the problem due to the closure of the construction unit (including administrative enterprises and public institutions), bankruptcy, abolition, annexation, or default on taxes and fees, do not apply for a certificate of real estate, or the construction of the city's land and housing. Or unpaid taxes, not for planning acceptance, not for the initial registration of real estate and other reasons for the real estate registration of the historical legacy of the problem put forward the following views: First, the organization and leadership In order to effectively solve the problem of real estate registration of the historical legacy of the city set up by the municipal * * * the leadership in charge as a leader, the city of construction, planning, land and housing management, finance, land tax, industry and commerce, public security and fire safety, civil defense, and other functional departments of the City of the solution to the historical legacy of the issue of real estate certificate leadership group. For real estate license issues left behind leading group (hereinafter referred to as the leading group), unified leadership, research and coordination to deal with the historical legacy of real estate registration.
The leading group set up under the city to resolve the historical legacy of the real estate license office (located in the City Land and Housing Bureau, hereinafter referred to as the Office of the license, engraved with a special seal), is responsible for convening the various functional departments *** with the study of the resolution of the historical legacy of real estate registration, the establishment of difficult cases will be examined by the mechanism, and unity of the external work. Second, the object and scope of work to solve the city's municipal jurisdiction in 10 areas of state-owned land on the real estate registration of the object and the scope of: (a) housing reform buyers legally purchased public housing, public housing purchase agreement has been in accordance with law in the municipal housing system reform office for the housing reform filing procedures and has been paid off the housing reform of the purchase price; (b) commercial property pre-purchase of legally purchased pre-sale of commercial property, pre-sales of commodity property contract has been processed in accordance with law. (b) The pre-sale of commodity houses legally purchased by pre-purchasers of commodity houses, whose pre-sale contracts of commodity houses have been registered and filed in accordance with the law and the purchase price of commodity houses has been paid in full; (c) Houses purchased prior to the implementation of the Measures for the Administration of Pre-sale of Urban Commodity Houses on January 1, 1995, where the two parties of the purchase and sale of houses have signed a contract on the purchase and sale of houses but have not registered and filed the procedures for the contract, and the purchasers of houses have paid in full for their purchase of the houses; (d) Houses legally obtained by people who are being evicted for compensation for house removal and relocation and the compensation agreement on house removal has been signed in the municipal urban housing Compensation agreement has been according to law in the city of urban housing demolition and relocation management office for the record; (E) state-owned enterprises or administrative institutions, due to production, residential needs in the unit's original own land construction of production, office, business premises and staff quarters, etc.; (F) the other by the leading group will examine the study that the source of ownership of lawful sources of real estate registration can be handled according to law.
Third, the real estate registration and licensing procedures Belonging to the above scope of housing, real estate registration and licensing in accordance with the following procedures: (a) application. Application for registration of real estate property rights, should be in accordance with the law to the Municipal Land and Housing Authority to apply, fill out an application for real estate registration, and submit relevant information: 1. housing reform buyers should submit identity documents, the municipal housing system reform office housing reform filed by the Public Housing Purchase Agreement, proof of payment of housing purchase, public security departments issued by the door plate certificate, housing measurement results report and other information.
2. Commodity housing pre-purchase should be submitted to the identity documents, registered according to law for the record of commodity housing pre-sale contract, proof of payment of the purchase price of commodity housing, the public security department issued by the door license plate certificate, housing measurement results report and other information. 3. "Urban Commodity Pre-sale Management Measures" before the implementation of the buyer and seller signed a contract for the sale of housing, but did not register the contract for the record, the buyer has paid the purchase price of legally purchased housing, the buyer should submit identity documents, notarized housing contract, proof of payment of the purchase price of the public security department issued a certificate of the door plate, the results of the house measurement report and other information.
4. The evicted person shall submit identification documents, house demolition and relocation compensation agreement registered in the city housing demolition and relocation management office according to the law, the public security department issued by the door license plate certificate, house measurement results report and other information. 5. State-owned enterprises or administrative institutions should be submitted to the land, construction information, the public security department issued by the door license plate certificate, housing measurement results report and other information.
6. The above housing reform buyers, commercial housing pre-purchasers, buyers and evicted people can *** with the commissioned owners' committees, property management companies, intermediaries, or individuals, collective application for registration of real estate ownership. Collective application for registration of real estate property rights should be unified to the Municipal Land and Housing Bureau, and submit the application information and documents proving the entrusted relationship in accordance with the above provisions.
7. Housing reform buyers, commercial housing pre-purchase, buyers, demolished and state-owned enterprises or administrative institutions to apply for the initial registration of ownership of premises should also be submitted to apply for registration of the original construction project housing construction project approval documents, can not be submitted to the urban planning department to apply for a copy of the original construction approval documents and stamped by the Urban Planning Department to confirm. 8. April 1, 1997 "Guangzhou City Planning Regulations" after the implementation of the reported construction of housing, in addition to the above provisions of the application materials should be submitted, should be submitted to the construction project planning acceptance certificate.
Because the construction unit has been canceled can not apply for planning acceptance, the above housing reform purchasers, commercial housing pre-purchasers, buyers and demolished people can *** with the commissioned owners' committees, property management companies, intermediary companies, or individuals, collectively to the urban planning department to apply for planning acceptance, and in accordance with the relevant provisions of the application information and entrusted to the relationship between the supporting documents. (B) review the registration and issuance of certificates.
Belonging to the above scope of housing registration and issuance of certificates, the Municipal Land and Housing Bureau in accordance with the following principles: 1. Application for registration of real estate in line with the following conditions, the Municipal Land and Housing Bureau can be the initial registration and transfer of registration for the combined processing of the real estate certificate issued directly: (1) ownership of the source of clarity; (2) clear boundaries; (3) application for registration of real estate in the land use, construction, and other documents to authorize the construction of the scope. Within. 2. Application for registration of real estate in one of the following circumstances, the Municipal Land and Housing Bureau will not be registered: (1) ownership disputes; (2) by the judiciary, administrative organs according to law in the form of seizure and other forms of restriction of real estate property rights; (3) application.
Fourth, what is called the historical legacy of production and operation of illegal buildingsWhat are the types of illegal buildings? (1) construction without obtaining a construction land use planning permit, construction project planning permit or rural construction planning permit for construction.
(2) Construction not in accordance with the provisions of the construction project planning permit or rural construction planning permit. (3) Temporary construction exceeding the period of use.
(4) Illegal occupation of agricultural land, arable land for construction. (5) Unauthorized construction on both sides of the street and public **** site without approval procedures.
Undocumented houses and incomplete documents are illegal construction? Lawyer case practice, often encountered in the house without a license or incomplete documents, especially the houses built ten or twenty years ago, basically there are incomplete documents, this type of housing, in the demolition of the threat of demolition is often faced with violations, then, this type of housing can be recognized as a simple violation of the rules and thus be demolished without compensation? We believe that this view is wrong. First of all, the construction of the legal provisions is to determine whether the illegal construction of the basis.
"Property Law", Article 30: "because of the legal construction, demolition of houses and other factual acts to establish or eliminate the right to property, since the fact that the act of achievement of the effect", this provision clearly stipulates the right to build, established only in violation of the legal basis of the building, can be determined as illegal construction. Our country's planning department, from 1974 only began to have, only in the 90s gradually improved, January 1, 2008 before the implementation of the "Urban and Rural Planning Law", only urban housing need planning approval, rural housing construction does not need to be approved by the planning department, as long as to obtain the village committee's approval of the bill can be.
Therefore, houses built decades ago have to be seen in terms of whether they comply with the legal requirements of the time, rather than simply using the standards of the current laws and regulations to determine whether they are unauthorized buildings. The Forbidden City and the Great Hall of the People have not yet obtained the certificate of ownership of the house, but it is clear that they can not be recognized as illegal structures.
Secondly, according to the "General Office of the State Council on doing a good job of urban housing demolition and relocation work to maintain social stability of the emergency notice" State Office of the Mingdian [2003] No. 42: the demolition of the scope of the incomplete procedures due to historical reasons for housing, should be based on the relevant laws and regulations to make up for the formalities. The policy is not clear, but it is a reasonable request, we must urgently formulate the corresponding policy, the deadline to deal with the solution; difficult to solve, we must patiently and carefully do a good job of explaining the work, and actively create conditions for an early solution.
Therefore, the unlicensed house, the documents are not complete housing is not the same as illegal construction, is not the same as can be gratuitous ***. What are the reasons for the formation of illegal structures? From the formation of illegal structures is also a variety of reasons, summarized in two main reasons: the economic interests of the parties dare to illegal construction of the main reason, business needs have long replaced the need for life as the main motive for illegal construction.
The other main reason is that the administrative law enforcement agencies to enforce the law unfairly, the penalty is ineffective is the proliferation of illegal construction, the supervision is unfavorable. The main factor in defining unauthorized building is whether the building is in violation of planning.
Recognized as unauthorized building can not be demolished according to the "Urban and Rural Planning Law," Article 64 of the provisions of the administrative penalties for unauthorized building, including the deadline for rectification and fines, the deadline for the removal of confiscation of physical or illegal construction and fines. Three kinds of penalties seem to belong to the administrative discretion, however, the administrative organs in the administrative penalty decision should be given full consideration to the principle of proportionality, that is, the severity of the violation of the law and administrative penalties proportional to the lightness of the existence of a long period of time, the demolition of which will cause significant losses should be considered fines, retroactive formalities to deal with the way.
V. Guo Fa 〔2016〕 No. 19 "on the issuance of accelerated divestment of state-owned enterprises to run social functions and solve the historicalThe State Council on the issuance of accelerated divestment of state-owned enterprises to run social functions and solve the historical legacy of the notice of the work program Guo Fa 〔2016〕 No. 19 Accelerated divestment of state-owned enterprises to run social functions and solve the historical legacy of the issue of the party's 18th third plenum, as well as the "*** Central Committee State Council on deepening the reform of state-owned enterprises of the guiding opinions" made an 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 state-owned enterprises to run schools, public prosecutors and law enforcement agencies to the local transfer of work is basically completed, some of the hospitals run by state-owned enterprises have been transferred to the local or restructuring. However, at present there are still a large number of state-owned enterprises to run social institutions, socialized management of retirees, factory-run collective reform and other historical problems are more prominent, personnel management, heavy burden of operating costs, has been a serious constraint on the reform and development of state-owned enterprises.
In order to further deepen the reform of state-owned enterprises, accelerate the stripping 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. First, the basic principles (a) adhere to the market-oriented, government-enterprise separation.
Give full play to the decisive role of the market in the allocation of resources, according to the law to implement the operation of enterprises since ***, to promote the deepening of the reform of state-owned enterprises, and truly become independent, self-sustainable market players. In accordance with the principle of marketization, explore *** purchase of services and other ways to promote the professional operation of public *** services, improve the quality of service and operational efficiency, state-owned enterprises no longer undertake the development of the direction of the main business does not match the function of public *** services.
(b) 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, *** purchase of services, professional operation and management of different ways to divest the social functions and solve the historical legacy problem.
Reform ideas are clear, the conditions are ripe in the region can take the lead to promote, the reform of the complexity of the region can be a pilot first, step by step. (C) adhere to the multi-channel financing, reasonable sharing of costs.
The establishment of *** 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 enterprise supervision and historical history and other factors, by the central financial and local financial respectively. (D) adhere to the people-oriented, maintenance of stability.
Seriously do a good job of worker diversion and resettlement work, safeguard the legitimate rights and interests of workers, and do a good job of social security, employment and training and other related policies of the overall convergence. Strengthen the policy publicity and ideological and political work to create a favorable environment for reform.
Second, the work requirements (a) state-owned enterprise workers family area "three for one industry" separation and transfer. The enterprise workers family area water supply, electricity, heating (gas) and property management (collectively referred to as "three for one industry") equipment and facilities for the necessary maintenance and transformation, 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 . Time schedule. 2016 began to comprehensively promote the state-owned enterprises "three for one industry" separation and transfer of work, basically completed by the end of 2018.
2 . Policy measures. Maintenance and renovation standards, renovation cost measurement and other related work to implement the local people above the municipal level *** issued the relevant policies, the same policy standards for the central enterprises and local state-owned enterprises in the same region.
Separation and transfer of costs by the enterprise and *** *** with the sharing, the central enterprise separation and transfer of costs by the central financial subsidies 50 %. The original policy bankruptcy of the central enterprise separation and transfer costs borne in full by the central government, the central government of the original central devolved local coal, non-ferrous metals, military and other enterprises (including policy bankruptcy enterprises) separation and transfer costs to be appropriately subsidized.
The cost of separation and transfer of local state-owned enterprises is to be studied by the local people *** clear solution. 3 . Work division.
SASAC and the Ministry of Finance take the lead. (1) SASAC and the Ministry of Finance are responsible for formulating guidance on the separation and transfer of "three supplies and one industry" 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 the development of the original central devolved local coal, non-ferrous metals, military and other enterprises (including policy bankruptcy enterprises) employees' family areas "three for one industry" separation and transfer of specific subsidies (completed by the end of 2016). (3) The State-owned Assets Supervision and Administration Commission, the Ministry of Finance and provincial-level people *** establish a coordination mechanism *** with the promotion of state-owned enterprises employees' family areas "three for one industry" separation and transfer of work. (B) divestment of state-owned enterprises to run medical, education and other public **** service organizations.
The state-owned enterprises to run medical, education, municipal, fire, community management and other institutions to implement the classification process, to take the transfer, merger, restructuring or specialized management, *** purchase of services and other ways of divestment. 1.Time schedule.
2016 introduced divestment of state-owned enterprises to run medical, education and other public **** service institutions of the policy measures, by the end of 2017 to complete the enterprise management of municipal facilities, employees' family areas of the community management functions transferred to the local as well as on the classification of enterprise-run fire protection agencies, 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. The consensus with the local medical, educational institutions, transferred to the local management; on the operational difficulties, lack of competitive advantage of the medical, educational institutions, to be withdrawn and do a good job related to personnel resettlement and disposal of assets; for special reasons need to be retained in the medical, educational institutions, according to the principle of market optimization and integration of resources, to achieve the professional operation and management.
At the same time, actively explore *** purchase services and other modes, the introduction of social capital to participate in the reorganization of enterprises run by the restructuring of medical and educational institutions. (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, to be withdrawn. Which meets the local town fire planning layout can not be withdrawn from the fire department (station) transferred to the local people *** receive.
(3) the enterprise is responsible for the management of municipal facilities, the staff of the community management of family areas transferred to the local *** responsible. (4) the central government of the central enterprises to run medical, educational institutions, the withdrawal, restructuring, centralized management process involved in the streaming and resettlement of employees and other costs subsidies 50% of the original central devolved local coal, non-ferrous metals, military industry.