Notice
by the Ministry of Finance of Issuing the Measures for the Administration of
the Use of State-owned Assets of Administrative and Public Institutions under
the Central Government
(No. 116 [2024] of the Ministry of Finance)
The relevant departments of the CPC Central Committee; all ministries and
commissions of the State Council and all institutions directly under the State
Council; the General Office of the NPC Standing Committee; the General Office
of the Chinese People's Political Consultative Conference; the Supreme People's
Court; the Supreme People's Procuratorate; the central committees of all
democratic parties; relevant people's organizations; and relevant enterprises
administered by the Central Government:
For the purposes of regulating the use of state-owned assets of administrative
and public institutions under the central government, safeguarding the safety
and integrity of state-owned assets, and protecting the rights and interests of
state owners, in accordance with the Regulation on the Administration of
State-owned Assets in Administrative Departments and Public Institutions (Order
No. 738, State Council) and other provisions, we have developed the Measures
for the Administration of the Use of State-owned Assets of Administrative and
Public Institutions under the Central Government, which are hereby issued for
your compliance and implementation.
Annex: Measures for the Administration of the Use
of State-owned Assets of Administrative and Public Institutions under the
Central Government
Ministry of Finance
August 16, 2024
Administrative Measures for the Use of State-owned Assets of Administrative and Public Institutions under the Central Government
Article
1 These Measures are
developed in accordance with the Regulation on the Administration of
State-owned Assets in Administrative Departments and Public Institutions (Order
No. 738, State Council) and other provisions for the purposes of regulating the
administration of use of state-owned assets of administrative and public
institutions under the Central Government, improving the efficiency of asset
use, and maintaining the safety and integrity of state-owned assets.
Article
2 For the purposes of these
Measures, administrative and public institutions under the Central Government
include the organs of all departments of the CPC Central Committee, all
ministries and commissions of the State Council and all institutions directly
under the State Council, the General Office of the NPC Standing Committee, the
General Office of the Chinese People's Political Consultative Conference, the
Supreme People's Court, the Supreme People's Procuratorate, the central
committees of all democratic parties, and relevant people's organizations
(hereinafter collectively referred to as “all departments”) at the
corresponding level and their affiliated administrative public institutions at
all levels, and public institutions at all levels under relevant enterprises
administered by the Central Government.
Article
3 The methods of using
state-owned assets of administrative and public institutions under the Central
Government include use by their own, leasing and lending, and foreign
investment, among others.
The state-owned assets of administrative and public institutions under the
Central Government shall first be used to perform their functions, guarantee
the development of their undertakings and provide public services. Where the
prescribed conditions, they may be leased, lent or be used for investment
abroad.
Article
4 When using state-owned assets,
administrative and public institutions under the Central Government shall
follow the principles of safety norms, economy and efficiency, making the best
use of everything, openness and transparency, and consistency between power and
responsibility, strictly implement the provisions on the administration of use
of state-owned assets, and strengthen the administration of use of state-owned
assets.
Article
5 Administrative and public
institutions under the Central Government shall establish a management system
for the use of state-owned assets, specify the management responsibilities,
standardize the use process, strengthen the protection of property rights, and
improve the use efficiency.
Chapter II Management Rights
Article
6 The Ministry of Finance,
all departments and relevant enterprises administered by the Central Government
shall examine and approve the use of state-owned assets of administrative and
public institutions under the Central Government in accordance with the
prescribed authority.
The Ministry of Finance shall approve the documents on the use of state-owned
assets of the administrative and public institutions affiliated to all
departments and the use of state-owned assets of public institutions affiliated
to enterprises administered by the Central Government, and send photocopies to
the local offices of the Ministry of Finance.
Article
7 The use of state-owned
assets of the organs of all departments at the corresponding level and organ
service centers shall be subject to centralized management of the Government
Offices Administration directly under the CPC Central Committee, the National
Government Offices Administration, the General Office of the NPC Standing
Committee, and the General Office of the Chinese People's Political Consultative
Conference (hereinafter collectively referred to as the “administrative
department of government offices”).
The management of the use of office rooms and official vehicles of
administrative and public institutions under the Central Government shall be governed
by the Measures for the Administration of Office Rooms of Party and Government
Organs, the Measures for the Administration of Official Vehicles of Party and
Government Organs and the relevant regulations of the Ministry of Finance.
The office premises of the central and state organs at the corresponding level,
the organ service centers, the subordinate vertical management institutions and
the local offices shall be administered by the administrative department of
government offices in conjunction with all departments; and the business
premises of administrative and public institutions under the Central Government
and the office premises of entities beyond the aforesaid scope shall be
administered by the Ministry of Finance in conjunction with all departments.
Confidential communication vehicles and emergency security vehicles at the
corresponding level of the central and state organs and the organ service
centers shall be administered by the administrative department of government
offices in conjunction with all departments; and vehicles for law enforcement
and duties and special professional and technical vehicles of administrative
and public institutions under the Central Government, vehicles for confidential
communications and emergency security vehicles of entities beyond the aforesaid
scope shall be administered by the Ministry of Finance in conjunction with all
departments.
Article
8 Where, in addition to the
provisions of Article 9 of these Measures, the administrative and public
institutions affiliated to all departments (including vertical management
institutions and local offices, other than organs of all departments at the
corresponding level and organ service centers), and public institutions
affiliated to relevant enterprises administered by the Central Government lease
and lend state-owned assets, and make investment abroad, the unit value or
batch value (original book value) is more than 15 million yuan (including 15
million yuan), it shall be examined and approved by all departments and relevant
enterprises administered by the Central Government and submitted to the
Ministry of Finance for examination and approval after the review opinions are
issued; and where the unit value or batch value is less than 15 million yuan,
it shall be examined and approved by all departments and relevant enterprises
administered by the Central Government on their own.
The leasing and lending of state-owned assets within six months (including six
months) by administrative and public institutions affiliated to all department
and public institutions affiliated to relevant enterprises administered by the
Central Government shall be examined and approved by all departments and the
relevant enterprises administered by the Central Government. Where state-owned
assets are continuously leased or lent to the same lessee for more than six
months, the examination and approval formalities shall be undergone in
accordance with the authority prescribed in paragraph 1 of this article.
Article
9 The central research and
development institutions and institutions of higher learning formed by the
state may independently decide to conduct licensing and make investment with
achievements as trade-in of scientific and technological achievements held by
them, without reporting to all departments and the Ministry of Finance for
examination and approval or for recordation. The licensing and investment with
achievements as trade-in of scientific and technological achievements involving
state secrets, state security and key core technologies shall be examined and
approved by all departments in accordance with the relevant regulations of the
state on confidentiality system. The central research and development
institutions and institutions of higher learning formed by the state shall be
subject to the examination and approval of all departments for the use of the
state-owned equity formed by the transformation of scientific and technological
achievements in foreign investment.
Article
10 For the use of state-owned
assets of public institutions under the central government involving scientific
research and production capacity and maintenance support capacity of weapons
and equipment, it shall be examined and approved by the administrative
department of science, technology and industry for national defense under the
State Council, and then the approval procedures for leasing, lending and
foreign investment of state-owned assets shall be undergone.
Article
11 The approval documents of
the Ministry of Finance, all departments and relevant enterprises administered
by the Central Government on the use of state-owned assets are the basis for
the administrative and public institutions under the Central Government to
handle the leasing, lending and foreign investment of state-owned assets.
The management of the use of state-owned assets of administrative and public
institutions under the Central Government such as leasing, lending, overseas
investment, etc., shall be reported in the annual report on the management of
state-owned assets of administrative and public institutions.
Chapter III Basic Management
Article
12 Administrative and public
institutions under the Central Government shall create asset information cards
in accordance with the prescribed format, and complete the basic asset
information, financial information, use information, and characteristic information,
among others. Fo......