Issued by: General Office of the People's Government of Shanxi Province
Issued on: 2006-5-18
Executed on: 2006-5-18
(The Provincial State-owned Assets Supervision and Administration Commission, the Provincial Department of Finance, the Provincial Labor Security Department, the Provincial Department of Land and Resources in April 2006 to formulate the General Office of the Provincial People's Government of Shanxi Province in May 2006, No. 18 Jin Zhengban Fa [2006]) No. 33 forwarded)
Chapter I General Provisions
Article 1 In order to standardize the provincial state-owned enterprises in this province to close the bankruptcy work, according to the "People's Republic of China *** and the State Enterprise Bankruptcy Law (Trial)" (hereinafter referred to as the "Bankruptcy Law"), the "Shanxi Provincial People's Government on the further acceleration of the reform of State-owned Enterprises" (Jinzhengfa (2004) No. 46), "the State Council on the Several Opinions on Promoting the Development of the Circulation Industry" (Guo Fa (2005) No. 19) and relevant laws, regulations and policies, combined with the actual situation in this province, the formulation of these measures.
Article II of this approach applies to the administrative region of the province with legal personality, included in the national policy to close down the bankruptcy work plan or the implementation of the law to close down the bankruptcy of the provincial state-owned enterprises.
The third provincial state-owned enterprises to close the bankruptcy costs of the shortfall, by the enterprise application, the competent department of the enterprise agreed to report to the office of the provincial state-owned enterprise reform leading group, after approval, with the provincial state-owned enterprise reform of special funds to subsidize the solution.
Article IV of the provincial state-owned enterprises to close the bankruptcy of the judicial proceedings in accordance with the law and the relevant provisions of the people's court.
Article V of the provincial state-owned enterprises closed down bankruptcy shall follow the following principles:
(1) regulate the operation in accordance with the law, to prevent the loss of state-owned assets;
(2) to safeguard the legitimate rights and interests of creditors;
(3) the proper relocation of employees, to safeguard the legitimate rights and interests of the employees;
(4) actively and steadily, and carefully organized to ensure stability.
Article VI where the borrowing of foreign governments, international organizations, the World Bank loans or sub-loans, the repayment of the task has not been implemented by the provincial state-owned enterprises, the debtor shall not apply for bankruptcy.
Chapter II of the organizational leadership and responsibilities
Article 7 of the provincial state-owned enterprises reform leading group office is responsible for the provincial state-owned enterprises to close the bankruptcy of the organizational leadership and coordination and supervision, and timely resolution of relevant issues encountered, with the people's court to do a good job of closing the bankruptcy cases.
Article 8 of the implementation of the provincial state-owned enterprises to close the bankruptcy review system. Provincial state-owned enterprises to close the bankruptcy plan by the competent department of the enterprise reported to the provincial state-owned enterprise reform leading group office review and consent to the implementation of the closure of bankruptcy. The review of the national policy to close the bankruptcy project, in accordance with the provisions of the national policy.
Article IX of the provincial commissions, offices, departments, bureaus and enterprise group companies, as well as state-owned assets at all levels, economic (trade), finance, labor security, civil affairs, land and resources, taxation, trade unions, and other departments, should be integrated, clear responsibilities, and cooperation, and do a good job of state-owned enterprises to close down the bankruptcy work.
Article X of the municipal and county people's government's main responsibilities:
(1) to assist and cooperate with the people's court to do a good job in the bankruptcy case, and fulfill the related duties;
(2) to maintain enterprise and social stability, prevention and disposal of emergencies.
(3) Strengthening the work of community building, establishing corresponding institutions, and doing a good job in the socialized management of the injured and retired staff of closed and bankrupt enterprises;
(4) doing a good job in the reception and management of the social functions of closed and bankrupt enterprises;
(5) doing a good job in the aftermath of the closure and bankruptcy of state-owned enterprises. Actively do a good job of re-employment of workers.
Article 11: The main responsibilities of the competent departments of enterprises:
(1) organizing enterprises to formulate the closure of bankruptcy plan and make all the preliminary preparations;
(2) coordinating with the relevant departments, and doing a good job in the convergence of policies and implementation of subsidies;
(3) organizing and implementing the closure of bankruptcy of the enterprises under its jurisdiction;
(4) doing a good job of the policies and propaganda and political work of employees. publicity and ideological and political work of the employees, and make every effort to maintain the stability of the enterprises and the society;
(v) assisting and cooperating with the people's courts to do a good job in the adjudication of bankruptcy cases, and fulfilling the relevant duties;
(vi) doing a good job in the aftermath of the bankruptcy of the state-owned enterprises.
Article 12 The closure and bankruptcy of state-owned enterprises funded and established by state-owned and state-controlled group companies shall be organized and implemented by the group companies. The closure and bankruptcy of state-owned enterprises managed by provincial committees, offices, departments and bureaus shall be organized and implemented by the provincial committees, offices, departments and bureaus.
Chapter III Declaration of Bankruptcy and Preparation of Preliminary Plan
Article 13 Provincial State-owned Enterprises (as debtors) meeting one of the following conditions may apply for bankruptcy:
(1) serious losses due to mismanagement of business and other reasons, and inability to liquidate the debts as they fall due;
(2) long-term losses, insolvency and need for liquidation;
(3) Mines with depleted resources.
Laws, regulations and relevant policies provide otherwise, subject to their provisions.
Article 14 of the provincial state-owned enterprises to apply for closure of bankruptcy to prepare a bankruptcy plan. Bankruptcy plan can be organized by the competent department of the enterprise or commissioned intermediary institutions.
Bankruptcy plan shall contain the following main content:
(a) the basic situation of the enterprise. Mainly includes the enterprise profile, employees, assets (including the use of land use rights of the status quo), the status of liabilities, production and operation of the enterprise in the past three years and the status of the loss;
(ii) the reasons for the closure of the enterprise bankruptcy. (b) The reasons for the closure and bankruptcy of the enterprise, with emphasis on reflecting the real situation of inability to repay debts as they fall due or the need for liquidation;
(c) the principles to be followed in the closure and bankruptcy of the enterprise;
(d) the estimation of the costs of the closure and bankruptcy of the enterprise;
(e) the plan for the realization of the assets;
(f) the resettlement plan for the workers;
(g) the collateral, the guarantee responsibility and the handling opinions of sensitive debts and other issues;
(h) the opinions on how to (viii) Organization and leadership of the work of closure and bankruptcy;
(ix) Arrangements for the progress of the work of closure and bankruptcy and measures to ensure stability;
(x) Relevant annexes.
Article 15 of the bankruptcy plan needs to be submitted to the enterprise staff congress or staff meeting for consideration; staff resettlement program needs to be considered and passed by the enterprise staff congress or staff meeting.
The employee resettlement plan (including the discussion and deliberation of the staff congress or staff meeting and the resolution) shall be submitted to the Provincial Department of Labor and Security for examination and approval and the issuance of the examination and approval opinion.
Article 16 establishes the provincial state-owned enterprises to close the bankruptcy project responsibility system. Clear project responsibility, responsible for doing a good job in the enterprise closure and bankruptcy of the preparatory work.
Article 17 after the completion of the preparatory work, submitted to the competent department of the enterprise for approval; bankruptcy cost gap subsidy funds, the provincial state-owned enterprise reform leading group office review and approval, the enterprise to the court to apply for bankruptcy.
Enterprises should be in accordance with the relevant provisions of the people's court, to provide the case acceptance of the necessary materials.
Article 18: No enterprise shall enter into bankruptcy legal proceedings if its employee resettlement program has not been considered and approved by the staff council or staff meeting, and the social security scheme is not clear and the funds are not realized.
Article 19 according to the people's court designation, state-owned assets, economic (trade) commission, finance, labor and social security, civil affairs, land and resources, industry and commerce, audit, taxation, price, personnel, development and reform commission and banking supervision and other departments, should be assigned to participate in the work of the bankruptcy liquidation group, and conscientiously perform the duties of the liquidation group to implement the policies.
The fourth chapter of the enterprise closure and bankruptcy costs
Article 20 of the provincial state-owned enterprises closure and bankruptcy costs mainly consists of bankruptcy and liquidation costs, employee resettlement costs, social insurance costs, delinquent costs, social functions transfer subsidy costs and so on. Each cost to the people's court declared the closure of the bankruptcy date as the base date, and in accordance with the relevant provisions and policies for the measurement and budgeting, and strict examination to determine.
Resource-exhausted mines and remote military-industrial enterprises to close the bankruptcy costs, in accordance with the relevant state policies and regulations.
Article 21 bankruptcy liquidation costs (a) bankruptcy case litigation costs. According to the supreme people's court "on the issuance of" people's court litigation fees "supplementary provisions of the notice" (Fa Fa (1999) No. 21), the maximum amount of 100,000 yuan.
(ii) asset evaluation and audit fees. Calculated in accordance with the relevant provisions of the billing standards.
(iii) Personnel expenses and office expenses of the liquidation group. Calculated according to the size of the number of active employees of the closed and bankrupt enterprise, the specific standards are as follows:
The amount of liquidation fee for the number of active employees is 100,000 yuan for less than 1,000 people, 200,000 yuan for 100l-2,000 people, 300,000 yuan for 2001-3,000 people, 400,000 yuan for 3,001-4,000 people, 600,000 yuan for 4,001-5,000 people, 5001-1,000,000 people and 800,000 yuan for 5001-10,000 people. million yuan, 10001 people above 1 million yuan.
(iv) Maintenance fees during liquidation. Calculated according to the size of the number of active employees of the closed and bankrupt enterprises, the specific standards are as follows:
The amount of maintenance fee for the number of active employees is 200,000 yuan for less than 1,000 people, 400,000 yuan for 1,001-2,000 people, 600,000 yuan for 1,001-3,000 people, 800,000 yuan for 3,001-4,000 people, 1 million yuan for 4001-5,000 people, 1 million yuan for 5001-1,000,001 people 1.5 million yuan, more than 10,001 people 2 million yuan.
(E) the basic living expenses of employees during liquidation. According to the six-month liquidation period of closure and bankruptcy, the basic living expenses of the employees shall be calculated at 80% of the local minimum wage standard.
(vi) Subsistence allowance for those who stay behind. Calculated at the local minimum wage standard.
Article 22 Employee Resettlement Expenses (1) The resettlement expenses of employees under the ownership of the whole nation. According to the court declared bankruptcy in the city where the enterprise (including the county) enterprises on the average wage of all employees of the previous year three times the standard. The specific payment shall reflect the difference in length of service.
Personal resettlement fee = (total resettlement fee of the employee receiving the lump sum resettlement fee ÷ total length of service of the employee receiving the lump sum resettlement fee (in months)) × length of service of the employee (in months).
(ii) Economic compensation for contractual employees. Calculated on the basis of one month of the average monthly salary of the previous year for each full year of service.
(3) Settlement costs for mixed-post collective workers. Calculated at the rate of one month of the average monthly salary of the previous year for each full year of service.
(iv) Costs of grade 1-6 work injuries, work disability, pensioners' costs and costs of retired family workers.
Work-related injuries, work-related disability personnel costs. After the grade appraisal by the Labor Capacity Appraisal Committee at or above the municipal level, they are calculated for 10 years in accordance with the "Regulations on Work-Related Injury Insurance" (State Council Decree No. 375) and the relevant policy regulations.
Costs for pensioners. Calculated for 10 years in accordance with the number of pensioners and the pension standards for all types of pensioners.
Retired family worker costs. Calculated for 10 years in accordance with the number of retired family workers and the standards for retired family workers.
Article 23 Social Insurance Costs (a) basic pension insurance premiums within the integrated project. Calculated for 10 years at 28% of the enterprise's actual gross wages paid in the previous year, and then approved in half. And a one-time payment to the agency responsible for the management of the basic pension insurance premiums co-ordination, for the basic pension insurance for retired staff.
(ii) Basic medical insurance premiums within the integrated program. The rate of the enterprise's actual gross wages paid in the previous year shall be calculated as the base for 10 years' authorization and shall be paid in a lump sum to the medical insurance agency of the co-ordinated area for the purpose of settling the medical expenses of the retirees. When there is a shortfall in funds, the provincial people's government will coordinate the study to solve the problem. If there is a new national policy, it shall be implemented in accordance with the provisions of the new policy.
Article 24 Arrears of Expenses (1) Employee Wages and Medical Expenses. Approved according to the actual number of wages in arrears in the financial accounts report of the enterprise.
(2) Employee pension, disability allowance, lump-sum disability (work-related death) grant, funeral grant and so on. Approved according to the actual number of arrears in the audited financial accounts report of the enterprise;
(iii) Arrears of basic pension, unemployment and medical social insurance premiums. Entered in accordance with the actual number of arrears in the financial accounts report of the enterprise.
Article 25 of the transfer of social functions subsidies and other costs of the provincial closure of the bankruptcy of primary and secondary schools operated by the enterprise after the transfer of school funding (including retired teachers enterprise to career pension insurance difference), the average amount of the current funding of similar schools run by the government of the location of the standard calculation for three years. The proportion of the burden of expenses after three years will be determined in the provincial and municipal financial system reform in an integrated manner.
Provincial closed bankruptcy enterprises transferred public security, fire, hospitals, life logistics service facilities (power supply, water supply, heating, gas) transferred to the local government management and other subsidies. It is calculated for three years according to the standard of personnel expenses and daily running costs actually paid in the previous year.
Enterprise retiree management service organizations separated from the original enterprise staff costs, site construction and maintenance costs, office costs, retirees transferred to the local community service agency management service fees and other subsidies (see "on the restructuring of provincial state-owned enterprises and the closure of the bankruptcy of the management of retirees in the opinions").
Article 26 of the bankruptcy property realization and disposal of state-owned allocated land use rights is still insufficient to pay the above bankruptcy expenses, the gap is partially resolved by the provincial state-owned enterprises reform special fund subsidies.
Chapter V Employee Resettlement and Social Security
Article 27 Employee Resettlement Program shall include the following main contents:
(1) the basic situation of the employees of the insolvent enterprises;
(2) the channels of employee resettlement, measures, sources of expenses, economic compensation methods and the basis of the implementation of the policy;
(3) management of the retirees, succession of social insurance relations and expenses. social insurance relations and the implementation of costs;
(iv) the settlement and payment of social insurance costs;
(v) the transfer of social functions and their related personnel;
(vi) the situation of workers with work-related disabilities and pensioners, and the plan for their protection;
(vii) the total amount of costs of arrears of wages and other costs of the employees, as well as the methods of resolving them.
Article 28 of the closure of the bankruptcy of enterprises in the retired personnel to the former competent departments of the enterprise management. Specific implementation in accordance with the "on strengthening the province's state-owned restructuring and bankruptcy of the opinions of the management and service work of retired cadres".
Article 29 of the provincial closed bankruptcy enterprises retirees transferred to the local community service institutions, the implementation of socialized management. Retirees transferred to the local community service organizations management service fees and other subsidies one-time payment to the receiving organization. Specific implementation of the "on the restructuring of provincial state-owned enterprises in Shanxi Province and the closure of bankruptcy in the management of retirees in the opinions".
Article 30 of the resource depletion of mines and remote military enterprises in the resettlement of serving employees in accordance with the relevant state policies and regulations.
Article 31 of the non-resource-depleted provincial state-owned enterprises on-the-job employee resettlement.
As of the date of the court declared bankruptcy, the closed bankruptcy enterprises of the national ownership of employees (including labor contract employees), less than five years from the statutory retirement age, that is: men aged 55 years old, women in management positions aged 50 years old, and women in production positions aged 45 years old, upon their own application, can apply for early retirement procedures. Where for early retirement, no longer enjoy other resettlement policies, pension according to the regulations.
The implementation of the labor contract system before the implementation of the national ownership of the workforce, does not meet the conditions of the preceding paragraph, the termination of labor relations with the enterprise, the settlement fee, no longer enjoy unemployment insurance.
Contract workers who join the workforce after the implementation of the labor contract system and do not meet the conditions for resettlement under the first paragraph of this article shall terminate their labor relations with the enterprise, be paid economic compensation, and be entitled to unemployment insurance in accordance with the regulations until they are entitled to the minimum subsistence guarantee for urban residents.
Economic compensation is calculated on the basis of the employee's actual years of service, with the equivalent of one month's salary for each full year of service. If the length of service is less than one year, it shall be calculated on the basis of one year. The wage standard for the economic compensation shall be calculated in accordance with the employee's average monthly wage for the previous year before the enterprise's bankruptcy. If the employee's average monthly wage is lower than the average monthly wage of the enterprise, it shall be calculated according to the average monthly wage standard of the enterprise; if the average monthly wage of the enterprise is lower than the minimum wage standard of the location, it shall be calculated according to the minimum wage standard of the location of the enterprise; if the minimum wage standard of the location of the enterprise is less than 500 yuan, it shall be calculated according to 500 yuan; if the average monthly wage of the employee himself is higher than the average monthly wage of the enterprise by three times or more, it shall be calculated according to the standard of three times.
Employees who receive the lump-sum resettlement payment and economic compensation for self-employment shall be issued with a Re-employment Preferential Certificate and shall enjoy the relevant preferential policies on re-employment in the province.
The resettlement of military retired cadres in this enterprise shall be carried out in accordance with the relevant provisions of the Ministry of Personnel's Notice on Seriously Solving the Difficulty of Living Problems of Some Military Retired Cadres Working in Enterprises (People's Development (2002) No. 82).
Article 32 of the provincial closure of bankruptcy of state-owned enterprises run by the transfer of primary and secondary schools to the date of declaration of bankruptcy of the registered employees (including retirees), retired staff shall be subject to the approval of the establishment of the overall transfer of the whole establishment of the local government management. In accordance with the General Office of the Shanxi Provincial People's Government "forwarded to the Provincial Editorial Office of the Provincial Education Department of the Provincial Department of Finance in Shanxi Province, primary and secondary school staffing standards and the implementation of the notice" (Jinzhengbanfa (2003) No. 29) for the verification of the establishment of the staff, there is an overstaffing, based on the number of people on record on December 31, 2001, plus the allocation of the teacher training college graduates and retired military personnel to enter the school on January 1, 2002, all the transfer. All military personnel will be transferred. All the state-owned assets of the school (including the status quo of the use of land use rights) were transferred to the local people's government for management, and the transfer subsidy was paid to the local government in a lump sum.
Central management of the province's coal, non-ferrous enterprises to implement the closure of bankruptcy, the primary and secondary schools are transferred to the local government management, the central financial subsidies paid in full to the local government, subsidies after the expiration of the school funds, in the provincial and municipal financial system reforms in the overall solution.
Social functions such as public security, fire-fighting, hospitals, life logistics service facilities (power supply, water supply, heating and gas supply) run by provincial enterprises closed down and bankrupt are transferred to the local people's government within three months after the bankruptcy decision is finalized in a lump sum. The full amount of the transfer subsidy shall be paid to the local government in one lump sum.
The local people's government is responsible for completing the socialized management of the living logistics service facilities.
Specifically implemented in accordance with the "on promoting the implementation of the work of Shanxi provincial state-owned enterprises to separate social functions".
Article 33: Continuation of social insurance relations. With the closure of the bankruptcy of the enterprise to terminate the labor relations of the workers, by other units recruited by the employer and the individual in accordance with the provisions of the continued payment of social insurance premiums; not recruited by other units, the insurance method in accordance with the coordinated area of the relevant provisions of the participation of flexibly employed persons to participate in the implementation of social insurance.
Article 34 of the closure of bankruptcy enterprises to participate in unemployment insurance, employees and enterprises to terminate or terminate labor relations, in accordance with the relevant provisions of the unemployment registration, and enjoy unemployment insurance benefits. Receiving unemployment insurance benefits at the end of the period is still unemployed, in accordance with the provisions of the local civil affairs departments to apply for the minimum subsistence guarantee for urban residents.
Bankrupt enterprises that do not participate in unemployment insurance, and whose unemployed persons meet the conditions for the minimum subsistence guarantee for local urban residents, shall, in accordance with the regulations, apply to the local civil affairs department for the minimum subsistence guarantee for urban residents.
Article 35 of the work-related injuries of the 1-6 level has gone through the retirement procedures of the disabled personnel of the work-related injury medical expenses in the workers' compensation insurance fund to pay for the part of the living care expenses belonging to the pension insurance co-ordination in the pension insurance fund to pay for the rest of the work-related injuries in the insurance fund; work-related injuries of the 1-6 level of the disabled employees who have not yet reached the legal age of retirement, the entitlement to the disability allowance, the living care expenses, the injury medical expenses in the work-related injuries in the insurance fund. The disability allowance, living nursing fee and work injury medical fee payable to disabled employees who are injured at work and have not yet reached the statutory retirement age shall be paid out of the Work Injury Insurance Fund; and the pension for the dependents of the immediate family members of the deceased employees shall be paid out of the Work Injury Insurance Fund. After the bankruptcy of an enterprise, the above personnel shall be temporarily managed by the competent department of the enterprise or the reorganized enterprise, and the required expenses shall be implemented in accordance with the standard of the management and service expenses of the retired personnel transferred to the community service institutions, and then gradually transferred to the community when the community has the conditions for the management of the workers injured at work.
In addition to the immediate family members supported by the employee who died at work, other pensioners' pensions are paid on a one-time basis.
Costs related to work-related injury insurance benefits are allocated to the work-related injury insurance agency in a lump sum, and any shortfall in funding after five years will be resolved by the provincial people's government through a comprehensive study.
Disabled workers who have been injured at work at level 7-10 and have not reached the retirement age, and whose labor contracts have been terminated or dissolved, will be paid a one-time medical allowance for work-related injuries and an employment allowance for disability in accordance with the Regulations on Work-related Injury Insurance and the relevant provisions of Shanxi Province, in addition to a one-time disability allowance, with priority given to the payment of the required expenses in the case of bankruptcy and liquidation, and to termination of the relationship between the work-related injury insurance.
Article 36 with the closure of the bankruptcy of the former provincial state-owned enterprises belonging to the collective enterprises of the workers, belonging to the city residents and has participated in unemployment insurance, according to the provisions of unemployment insurance. Unemployment insurance and enjoy unemployment insurance period expires still not employed, in accordance with the provisions of the minimum subsistence guarantee for urban residents.
Article 37 of the above channels of resettlement of the closed down bankruptcy enterprise workers, their family members belong to the urban residents, such as the actual per capita income of the family still does not meet the minimum living standard of urban residents, can enjoy the minimum living standard of urban residents, the standard according to the standard of living of the local residents and the financial capacity to determine, and to reflect the principle of encouraging employment. The minimum subsistence guarantee for urban residents shall be reviewed and registered by local specialized agencies in accordance with the procedures laid down in the Regulations on the Minimum Subsistence Guarantee for Urban Residents, and shall be announced on a public list, so as to be just, fair and open.
Article 38 shall enjoy the honorary allowance for provincial and ministerial model workers in accordance with the relevant documents of the provincial people's government.
Chapter VI Related Work
Article 39 The people's governments at all levels and the relevant departments shall take the re-employment of employees of bankrupt enterprises as an important work of social and economic development and overall planning. In accordance with the policy of government promotion of employment, independent choice of employment by workers, and market regulation of employment, they shall accelerate the establishment and improvement of employment and re-employment service networks, widely open up employment channels, strengthen employment training, and implement policies and measures to help laid-off and unemployed workers of bankrupt enterprises to realize re-employment.
Article 40 The people's governments at all levels and the relevant departments shall do a good job in the ideological and political work of the workers, help them to solve the practical difficulties and problems, and strive for their understanding and support, so as to effectively safeguard the legitimate rights and interests of the workers.
Article 41 of the local people's governments at all levels of the stability of enterprises closed down bankruptcy in the administrative region is fully responsible. To establish the maintenance of enterprises, social stability of the work of the institutions and responsibility system, to formulate appropriate plans and preventive measures, strengthen information communication, timely detection and handling of various contradictions, to prevent the occurrence and expansion of emergencies.
Article 42 of the local people's governments at all levels and relevant departments shall assist creditor banks and financial asset management companies to do a good job of bad and doubtful debts, claims settlement and losses reported for write-off.
Article 43 of the bankrupt enterprise party, league, trade union organizations to perform their work normally, play the party organizations and party members of the vanguard role of the battles of the fortress, so that the organization is not scattered, the work continues. After the bankruptcy of enterprises, in accordance with the principle of territorial management, the party, league and trade union organizations in a timely manner to do a good job in the transfer of organizational relations.
The specific implementation of the "on the reform of provincial state-owned enterprises in Shanxi Province to do a good job in the party organization set up and management of party members' organizational relations, etc. Notice".
Article 44 of the closure of the bankruptcy liquidation work file disposal should be synchronized with the bankruptcy liquidation work, submitted to the competent departments of the enterprise or deposited in the National Comprehensive Archives, to prevent loss.
Article 45 of the bankrupt enterprise staff housing, trade union property, as well as the transfer of primary and secondary schools, public security, fire fighting, hospitals, life logistics service facilities (power supply, water supply, heating, gas supply) and other public welfare facilities are not counted as bankruptcy property.
Article 46: The life logistics service facilities (power supply, water supply, heating and gas supply) of the bankrupt enterprises under the jurisdiction of the province shall be separated from the production system of the enterprises and the equipment shall be ensured to be in good condition.
Article 47 concerning the treatment of delinquent fees the claims of the employees of the closed and bankrupt enterprises shall be declared centrally by the trade unions of the enterprises at the time of closure and bankruptcy, after being examined and approved by the bankruptcy and liquidation group and being published in a public list without any error.
(1) The arrears of wages, medical fees, pension payments, disability allowances, lump-sum disability (work-related death) grants, and funeral expenses owed by the closed and bankrupt enterprise to the employees in service shall be reimbursed.
(2) the closing of the bankruptcy of the enterprise self-employment personnel, still in the local work, life, the original payment of housing fund can be set up personal accounts, by the local housing fund management organization overall management. Do not work and live in the local area and request to withdraw from the housing fund, upon application, the original payment of housing fund (including personal and corporate contributions) can be verified by the housing fund management organization to return.
The misappropriated housing provident fund paid by individual employees can be offset accordingly in the sale of housing.
(C) the outstanding basic pension insurance premiums, in accordance with the relevant provisions of the income from the realization of assets to be liquidated; liquidation of arrears of enterprises have difficulties, the outstanding basic pension insurance premiums, including long-term outstanding contributions, in addition to the enterprise contributions should be transferred to the employee's personal account part of the included in the bankruptcy-related costs, the remaining arrears of the outstanding portion of the payment, by the consent of the social insurance agencies, the provincial Department of Labor Security The provincial department of labor security, the provincial department of finance review, and submit to the provincial people's government for approval can be written off.
Individuals who have paid the portion of contributions that have been misappropriated by the enterprise and that are owed by the enterprise to be credited to the employees' basic pension insurance personal accounts shall be given priority in the disposal of bankruptcy property. The portion not paid by the individual employee shall be paid up by the individual.
Article 48 of the provincial state-owned enterprises bankruptcy property as well as land use rights, should be entrusted to qualified asset and land evaluation organizations for evaluation, and in accordance with the relevant provisions of the state and provincial approval, for the record. Transfer in accordance with relevant laws and regulations.
Article 49 of the provincial state-owned enterprises through the allocation of unsecured or mortgage invalid state-owned land use right, in the enterprise closure and bankruptcy, by the people's government at or above the county level to recover and dispose of the proceeds, including the land grant, less the cost of the transfer of business costs, paid in full into the account of the provincial state-owned enterprises to reform the special funds, all used to pay for the closure of the bankruptcy-related costs and resettlement of workers.
When a provincial state-owned enterprise closes down and goes bankrupt, the income from the realization of the state-owned allocated land use right (including the land premium) shall be set up and managed in a special account, and the finances at all levels shall not incorporate it into the financial income and shall not retain it.
Article 50 of the review of assets realized by individual provincial state-owned enterprises have difficulties, can be implemented by the separation of human capital. Required bankruptcy costs by the provincial state-owned enterprises to reform the special funds advanced, bankruptcy property (including land use rights) realized income into the provincial state-owned enterprises to reform the special funds account, the shortfall will be written off after approval.
Provincial state-owned enterprises approved to implement the separation of human resources, into the bankruptcy process, the liquidation group to apply, and employee resettlement program, the closure of the bankruptcy cost budget, the disposal of bankruptcy property program reported to the office of the leading group of provincial state-owned enterprise reform, after signing the opinion, reported to the provincial people's government for approval.
Provincial state-owned enterprises approved to implement the separation of human capital, its bankruptcy property (including land use rights) by the competent departments of the enterprise supervision, and is responsible for the liquidation of bankruptcy within three months after the end of the liquidation period, the bankruptcy property (including land use rights) after the liquidation of the liquidation of the liquidation of the proceeds of the proceeds of the liquidation of the provincial state-owned enterprise reform into a special account account management of special funds.
Article 51 encourages employees of closed and bankrupt enterprises and other legal persons and natural persons to acquire and reorganize closed and bankrupt enterprises. Specific measures in accordance with the "Shanxi provincial state-owned enterprises to reform the views of land use right mining rights disposal" and "Shanxi provincial state-owned enterprises to reform the special fund management approach".
Article 52: Fees for asset evaluation, capital verification, auditing, property rights trading, notarization, and employment introduction in the process of enterprise bankruptcy shall be implemented in accordance with the relevant provisions of the state. The approved fees for land use rights shall be charged in the land use rights appraisal fees.
Chapter VII Supplementary Provisions
Article 53 The competent authorities of the enterprises referred to in these Measures refer to the provincial commissions, offices, halls, bureaus and enterprise group companies.
Article 54 of the provincial state-owned enterprises closed down bankruptcy, supervision, audit and other departments should be the legal representative of the enterprise for economic responsibility of the special audit; supervision, audit and other departments shall identify the causes and responsibilities of the enterprise bankruptcy, due to violations of law and discipline resulting in the bankruptcy of the enterprise shall be seriously dealt with the responsible persons.
Article 55 of the closure of the bankruptcy of the implementation of illegal operation, falsification, interference in the administration of justice, infringement of the interests of creditors and workers, resolutely investigated and corrected. The seriousness of the situation, the parties concerned shall be investigated in accordance with the law.
Article 56 of the implementation of the bankruptcy of negligence, non-performance of duties, poor work, shirking of responsibilities triggered by group and sudden incidents, resulting in social instability, shall be investigated in accordance with the law the responsibility of the relevant persons and parties responsible for the responsibility.
Article 57 of the supervision, audit and other departments to review and verify that there is no violation of law and discipline, no major decision-making errors in production and operation, in the bankruptcy and liquidation of the work of the party and government members of the leadership team to do their duty and make a contribution to the bankruptcy and liquidation group recommended by the bankruptcy liquidation group, the bankruptcy liquidation of the leadership group agreed to be given by the competent authorities to give a proper settlement.
Article 58 of the central government in Jin and decentralization of the province to implement the closure of the bankruptcy of enterprises, the implementation of the national policy of closure of the bankruptcy.
Article 59 The policy on the closure and bankruptcy of provincial state-owned enterprises formulated before the implementation of these measures is inconsistent with these measures, shall be implemented in accordance with these measures.
Article 60 of these Measures shall be interpreted by the Office of the Leading Group for Reform of Provincial State-owned Enterprises in Shanxi Province.
Article 61 of these measures shall come into force on the date of promulgation.
Office of the People's Government of Shanxi Province
Expanded reading: how to buy insurance, which is good, hand in hand to teach you to avoid the insurance of these "pits"