|
|
|
|
|
|
|
|
|
|
|
|
|
| Guiding Opinions of the CPC Central Committee and the State Council on Deepening the Reform of State-owned Enterprises | | 中共中央、国务院关于深化国有企业改革的指导意见 |
| （Aug 24, 2015） | | （2015年8月24日 中发[2015]22号） |
| State-owned enterprises ("SOE") belong to the people. They represent an important force to promote China's modernization and safeguard the common interests of the people, and are the vital material basis and political foundation for the development of Party and national undertakings. Since the launch of the reform and opening-up initiative, the reform and development of SOEs have witnessed constant significant progresses. As a result, SOEs whose operating quality and efficiency have improved significantly have integrated with the market economy on the whole, and a number of leading enterprises with core competitiveness has emerged during competition on both the international and the domestic markets, making major contribution to promote economic and social development, protect and improve people's livelihood, explore the international market and sharpen China's comprehensive strength. In addition, most SOEs have quality operational and managerial teams, and the majority of their workers have been making unremitting efforts. In short, the achievements made by SOEs are outstanding. Nevertheless, it shall be noted that there are still some acute contradictions and problems that SOEs need to address urgently. The role of some enterprises as market players has not been truly established, their modern enterprise systems are not sound enough, their State-owned assets regulation frameworks leave much to be desired, and their State-owned capital operating efficiency needs to be further raised. Some enterprises are plagued by chaotic management and protruding issues such as control by insiders, transfer of benefits, loss of State-owned assets, etc., and issues of enterprises running ventures that can and should be assumed by social players and issues left over by past practices have not yet been fully resolved. Some other enterprises fail to enforce the duties of their Party organizations to manage and govern Party affairs and discipline, weakening the role of Party organizations. Going forward, SOEs face increasingly fierce international competition and the great challenge of transformation and upgrading. In addition, SOEs shoulder significant historical missions and responsibilities in promoting China's economy to maintain growth at medium to high speed and move towards mid-to-high end, fine-tuning and developing the socialist system with Chinese characteristics, and achieving the Chinese dream of the great rejuvenation of the Chinese nation. As such, it is a must to conscientiously implement the strategic decisions by the CPC Central Committee and the State Council, continue to push forward SOE reform in a problem-oriented manner according to the requirements of the "four comprehensive" strategic layout (i.e. developing a moderately well-off society, deepening reform, governing the country by rule of law, and tightening Party discipline in a comprehensive manner) and by taking economic development as the central task, effectively get rid of structural and institutional obstacles, and make unwavering efforts to develop stronger, better and larger SOEs. To this end, these Guiding Opinions are hereby put forward as follows: | | 国有企业属于全民所有，是推进国家现代化、保障人民共同利益的重要力量，是我们党和国家事业发展的重要物质基础和政治基础。改革开放以来，国有企业改革发展不断取得重大进展，总体上已经同市场经济相融合，运行质量和效益明显提升，在国际国内市场竞争中涌现出一批具有核心竞争力的骨干企业，为推动经济社会发展、保障和改善民生、开拓国际市场、增强我国综合实力作出了重大贡献，国有企业经营管理者队伍总体上是好的，广大职工付出了不懈努力，成就是突出的。但也要看到，国有企业仍然存在一些亟待解决的突出矛盾和问题，一些企业市场主体地位尚未真正确立，现代企业制度还不健全，国有资产监管体制有待完善，国有资本运行效率需进一步提高；一些企业管理混乱，内部人控制、利益输送、国有资产流失等问题突出，企业办社会职能和历史遗留问题还未完全解决；一些企业党组织管党治党责任不落实、作用被弱化。面向未来，国有企业面临日益激烈的国际竞争和转型升级的巨大挑战。在推动我国经济保持中高速增长和迈向中高端水平、完善和发展中国特色社会主义制度、实现中华民族伟大复兴中国梦的进程中，国有企业肩负着重大历史使命和责任。要认真贯彻落实党中央、国务院战略决策，按照“四个全面”战略布局的要求，以经济建设为中心，坚持问题导向，继续推进国有企业改革，切实破除体制机制障碍，坚定不移做强做优做大国有企业。为此，提出以下意见。 |
| 1. General requirements | | 一、总体要求 |
| (1) Guiding thoughts. | | （一）指导思想 |
| It is imperative to hold high the great banner of socialism with Chinese characteristics, conscientiously enforce the requirements laid down at the 18th National Congress of the CPC and the Third and the Fourth Plenary Sessions of the 18th Central Committee of the CPC, study and enforce the series of important speeches given by General Secretary Xi Jinping in an in-depth manner, stick to and improve the basic economic system, adhere to the direction of socialist market economic reform, adapt to the new market-oriented trend of modernization and internationalization, improve the modern enterprise system that is characterized by clear property rights, well-defined powers and responsibilities, separation between government and business, and scientific management according to the standards of liberating and developing social productivity, and by centering around the core missions of raising the efficiency of State-owned capital and enhancing the vitality of SOEs, fine-tune the State-owned assets regulation framework to prevent the loss of State-owned assets, make comprehensive progress of managing and governing enterprises by the rule of law, strengthen and improve the Party's leadership over SOEs, develop stronger, better and larger SOEs, constantly enhance the vitality, controlling power, influence and the ability to withstand risks of the State-owned economic sector, and let SOEs proactively adapt to and lead the "new normal" of economic development, thus actively contributing to promote the sustained and healthy development of the economy and the society at large, and realize the Chinese dream of the great rejuvenation of the Chinese nation. | | 高举中国特色社会主义伟大旗帜，认真贯彻落实党的十八大和十八届三中、四中全会精神，深入学习贯彻习近平总书记系列重要讲话精神，坚持和完善基本经济制度，坚持社会主义市场经济改革方向，适应市场化、现代化、国际化新形势，以解放和发展社会生产力为标准，以提高国有资本效率、增强国有企业活力为中心，完善产权清晰、权责明确、政企分开、管理科学的现代企业制度，完善国有资产监管体制，防止国有资产流失，全面推进依法治企，加强和改进党对国有企业的领导，做强做优做大国有企业，不断增强国有经济活力、控制力、影响力、抗风险能力，主动适应和引领经济发展新常态，为促进经济社会持续健康发展、实现中华民族伟大复兴中国梦作出积极贡献。 |
| (2) Basic principles | | （二）基本原则 |
| -- The basic economic system shall be upheld and improved. This is the fundamental requirement that must be adhered to in deepening SOE reform. It is a must to unswervingly consolidate and develop the sector of public economy, steadfastly encourage, support and guide the development of the non-public economic sector, uphold the dominance of the sector of public economy, play the leading role of the State-owned economic sector, actively promote the cross-shareholding and mutual integration of State-owned capital, collectively-owned capital, non-public capital, etc., and push capitals of various ownership types to complement each other so as to achieve mutual progress and common development. | | --坚持和完善基本经济制度。这是深化国有企业改革必须把握的根本要求。必须毫不动摇巩固和发展公有制经济，毫不动摇鼓励、支持、引导非公有制经济发展。坚持公有制主体地位，发挥国有经济主导作用，积极促进国有资本、集体资本、非公有资本等交叉持股、相互融合，推动各种所有制资本取长补短、相互促进、共同发展。 |
| -- The direction of socialist market economic reform shall be adhered to. This is the basic rule that must be followed in deepening SOE reform. During the reform of SOEs, it is important to follow the rules and laws of market economy and enterprise development, make unwavering efforts to separate government from business, government from capital, and ownership from the right to business operations, uphold the unity of rights, obligations and responsibilities, and always combine incentive mechanisms and restraint mechanisms so as to promote SOEs to become independent market players in the true sense where they engage in autonomous operations, make profits and assume losses independently, bear risks on their own, practice self-discipline and pursue self-development pursuant to the law. SOEs under the socialist market economy shall be role models for conscientiously performing social responsibilities. | | --坚持社会主义市场经济改革方向。这是深化国有企业改革必须遵循的基本规律。国有企业改革要遵循市场经济规律和企业发展规律，坚持政企分开、政资分开、所有权与经营权分离，坚持权利、义务、责任相统一，坚持激励机制和约束机制相结合，促使国有企业真正成为依法自主经营、自负盈亏、自担风险、自我约束、自我发展的独立市场主体。社会主义市场经济条件下的国有企业，要成为自觉履行社会责任的表率。 |
| -- The principle of combining the efforts to enhance vitality and those to reinforce regulation shall be upheld. This is the important relationship that must be grasped in deepening SOE reform. Enhancing vitality is the essential requirement for effectively running SOEs while strengthening regulation is an important safeguard for the same purpose. As such, the organic unity thereof shall be effectively ensured. It is vital to continue making progress of streamlining policies and delegating authority, enforce the property rights of enterprise legal persons and their rights to engage in autonomous operations in accordance with the law, and further stimulate the vitality, creativity and market competitiveness of enterprises. On the other hand, efforts shall be made to further improve the SOE regulatory system, effectively prevent the loss of State-owned assets and ensure the preservation and appreciation of the value of State-owned assets. | | --坚持增强活力和强化监管相结合。这是深化国有企业改革必须把握的重要关系。增强活力是搞好国有企业的本质要求，加强监管是搞好国有企业的重要保障，要切实做到两者的有机统一。继续推进简政放权，依法落实企业法人财产权和经营自主权，进一步激发企业活力、创造力和市场竞争力。进一步完善国有企业监管制度，切实防止国有资产流失，确保国有资产保值增值。 |
| -- The Party's leadership over SOEs shall be upheld. This is the political direction and principle that must be held fast to in deepening SOE reform. It is critical to enforce the guidelines of comprehensively tightening Party discipline, give full play to the core political role of the Party organizations of enterprises, build up the leadership teams of enterprises, innovate grass-roots Party building work, carry out the campaign to build clean Party governance in an in-depth manner, continue to wholeheartedly rely on the working class, and safeguard the legitimate rights and interests of workers, so as to provide strong political, organizational and talent guarantee and support for the reform and development of SOEs. | | --坚持党对国有企业的领导。这是深化国有企业改革必须坚守的政治方向、政治原则。要贯彻全面从严治党方针，充分发挥企业党组织政治核心作用，加强企业领导班子建设，创新基层党建工作，深入开展党风廉政建设，坚持全心全意依靠工人阶级，维护职工合法权益，为国有企业改革发展提供坚强有力的政治保证、组织保证和人才支撑。 |
| -- The reform of SOEs shall always proceed in an active, steady and coordinated manner. This is the scientific approach that must be adopted in deepening SOE reform. It is essential to correctly handle the relationship between promoting reform and upholding the rule of law, the relationship between reform, development and stability, and the relationship between making proper top-level designs and respecting grass-roots initiatives, highlight the problem-oriented approach, adhere to making progress in a classified manner, and properly grasp the order, rhythm and intensity of reforms, so as to ensure solid progress and practical results of reforms. | | --坚持积极稳妥统筹推进。这是深化国有企业改革必须采用的科学方法。要正确处理推进改革和坚持法治的关系，正确处理改革发展稳定关系，正确处理搞好顶层设计和尊重基层首创精神的关系，突出问题导向，坚持分类推进，把握好改革的次序、节奏、力度，确保改革扎实推进、务求实效。 |
| (3) Main objectives. | | （三）主要目标 |
| The following main objectives shall be achieved by 2020: to make decisive achievements in the key fields and aspects of SOE reform; to form a State-owned asset management system, a modern enterprise system and a market-oriented business operation mechanism that are more in line with China's basic economic system and the requirements on the development of socialist market economy; to develop a more reasonable layout and structure for State-owned capital; to nurture a large number of outstanding entrepreneurs of upright character who are capable, competent at operations and vibrant; to develop a legion of key SOEs with innovation capability and international competitiveness; and, to significantly enhance the vitality, controlling power, influence and the ability to withstand risks of the State-owned economic sector. | | 到2020年，在国有企业改革重要领域和关键环节取得决定性成果，形成更加符合我国基本经济制度和社会主义市场经济发展要求的国有资产管理体制、现代企业制度、市场化经营机制，国有资本布局结构更趋合理，造就一大批德才兼备、善于经营、充满活力的优秀企业家，培育一大批具有创新能力和国际竞争力的国有骨干企业，国有经济活力、控制力、影响力、抗风险能力明显增强。 |
| -- The corporate-style reform of SOEs shall be largely completed. The following objectives shall be achieved in this regard; to make positive progress in developing the mixed ownership economy; to perfect the corporate governance structure; and, to fine-tune the market-oriented mechanisms featuring the survival of the fittest under which SOEs engage in autonomous and flexible business operations, and promote and demote internal management personnel, employ and let go staff members, and increase and cut remunerations according to market practices. | | --国有企业公司制改革基本完成，发展混合所有制经济取得积极进展，法人治理结构更加健全，优胜劣汰、经营自主灵活、内部管理人员能上能下、员工能进能出、收入能增能减的市场化机制更加完善。 |
| -- The State-owned asset regulation framework shall become more mature, with relevant laws and regulations that are more robust, regulatory means and methods that are continuously optimized, and regulatory operations that are more scientific, targeted and effective. For-profit State-owned assets shall be placed under centralized and unified regulation, and the responsibilities for preserving and increasing the value of State-owned assets shall be fully assigned to the parties concerned. | | --国有资产监管制度更加成熟，相关法律法规更加健全，监管手段和方式不断优化，监管的科学性、针对性、有效性进一步提高，经营性国有资产实现集中统一监管，国有资产保值增值责任全面落实。 |
| -- The efficiency for the allocation of State-owned capital shall be significantly raised, and the layout and structure of State-owned economy shall be continuously optimized to effectively play its leading role. SOEs shall fully display their leading and exemplary role in enhancing the capability of independent innovation, protecting resources and the environment, accelerating transformation and upgrading, and performing social responsibilities. | | --国有资本配置效率显著提高，国有经济布局结构不断优化、主导作用有效发挥，国有企业在提升自主创新能力、保护资源环境、加快转型升级、履行社会责任中的引领和表率作用充分发挥。 |
| -- The Party building of enterprises shall be comprehensively strengthened, and their anti-corruption frameworks and work systems shall become more robust. In addition, the Party organizations of SOEs shall enjoy a more solid statutory position in corporate governance, and fully display their core political role. | | --企业党的建设全面加强，反腐倡廉制度体系、工作体系更加完善，国有企业党组织在公司治理中的法定地位更加巩固，政治核心作用充分发挥。 |
| 2. The reform of SOEs shall be pushed forward in a classified manner. | | 二、分类推进国有企业改革 |
| (4) SOEs shall be divided into different categories. According to the strategic positioning and development goals of State-owned capital, and in light of the role of different SOEs in economic and social development, as well as their current situations and development needs, SOEs shall be divided into commercial SOEs and SOEs in public welfare nature. By defining the functions and dividing the categories of SOEs, it is important to practice classified reform, development, regulation, responsibility determination and assessment, improve the relevance of reform, the effectiveness of regulation and the scientific level of assessment and appraisal, promote SOEs to deepen integration with the market economy, and facilitate the organic unity of the economic and social benefits of SOEs. According to the principle of whoever contributes the capital shall be responsible for classification, an agency that performs the duties of capital contributors shall be responsible for formulating the scheme for defining the functions and classifying the category of an invested enterprise, and shall report the same to the government at the corresponding level for approval. All regions may, in light of their respective realities, divide and dynamically adjust the categories of the functions of SOEs in their respective regions. | | （四）划分国有企业不同类别。根据国有资本的战略定位和发展目标，结合不同国有企业在经济社会发展中的作用、现状和发展需要，将国有企业分为商业类和公益类。通过界定功能、划分类别，实行分类改革、分类发展、分类监管、分类定责、分类考核，提高改革的针对性、监管的有效性、考核评价的科学性，推动国有企业同市场经济深入融合，促进国有企业经济效益和社会效益有机统一。按照谁出资谁分类的原则，由履行出资人职责的机构负责制定所出资企业的功能界定和分类方案，报本级政府批准。各地区可结合实际，划分并动态调整本地区国有企业功能类别。 |
| (5) The reform of commercial SOEs shall be pushed forward. Commercial SOEs shall engage in commercial operations in accordance with market requirements, and independently carry out production and business activities pursuant to the law primarily for the purposes of enhancing the vitality of the State-owned economic sector, amplifying the functions of State-owned capital, and preserving and increasing the value of State-owned assets, so as to achieve the survival of the fittest and orderly market entry and exit. | | （五）推进商业类国有企业改革。商业类国有企业按照市场化要求实行商业化运作，以增强国有经济活力、放大国有资本功能、实现国有资产保值增值为主要目标，依法独立自主开展生产经营活动，实现优胜劣汰、有序进退。 |
| In principle, all commercial SOEs whose core business belongs to industries and fields of sufficient competition shall implement corporate-style shareholding reform, actively attract other State-owned capital or various types of non-State-owned capital to diversify equity, adopt flexible approaches where State-owned capital may be the absolute or relative controlling shareholder, or be merely a shareholder, and focus efforts on promoting their listings as a whole. The assessment of SOEs of this type shall focus on business performance indicators, the preservation and appreciation of the value of State-owned assets and market competitiveness. | | 主业处于充分竞争行业和领域的商业类国有企业，原则上都要实行公司制股份制改革，积极引入其他国有资本或各类非国有资本实现股权多元化，国有资本可以绝对控股、相对控股，也可以参股，并着力推进整体上市。对这些国有企业，重点考核经营业绩指标、国有资产保值增值和市场竞争能力。 |
| Commercial SOEs whose core business belongs to major industries and key fields concerning national security or national economic lifeline, or that are mainly responsible for major special project tasks shall maintain the position of State-owned capital as the controlling shareholder, while support non-State-owned capital to become shareholders. In industries of natural monopoly, reform focusing on aspects of separating government from business, separating government from capital, promoting franchise operations and strengthening government regulation shall be carried out, and efforts shall also be made to separate infrastructure networks from network operations and liberalize competitive business depending on the characteristics of different industries, and promote market-oriented allocation of public resources. Where certain enterprises need to be wholly owned by State-owned capital, efforts shall still be made to actively attract other State-owned capital to diversify equity. Special business segments shall be effectively separated from competitive business segments, and be independently run and accounted for. The assessment of such SOEs shall not only cover their business performance indicators and the preservation and appreciation of the value of their State-owned assets, but also focus on aspects such as their efforts to serve national strategies, safeguard national security and the operation of the national economy, develop cutting-edge strategic industries and complete special tasks. | | 主业处于关系国家安全、国民经济命脉的重要行业和关键领域、主要承担重大专项任务的商业类国有企业，要保持国有资本控股地位，支持非国有资本参股。对自然垄断行业，实行以政企分开、政资分开、特许经营、政府监管为主要内容的改革，根据不同行业特点实行网运分开、放开竞争性业务，促进公共资源配置市场化；对需要实行国有全资的企业，也要积极引入其他国有资本实行股权多元化；对特殊业务和竞争性业务实行业务板块有效分离，独立运作、独立核算。对这些国有企业，在考核经营业绩指标和国有资产保值增值情况的同时，加强对服务国家战略、保障国家安全和国民经济运行、发展前瞻性战略性产业以及完成特殊任务的考核。 |
| (6) The reform of SOEs in public welfare nature shall be pushed forward. SOEs in public welfare nature shall introduce market mechanisms, and raise the efficiency and capabilities of public service primarily for the purposes of protecting people's livelihood, serving the society at large, and providing public goods and services. Enterprises of this type may be wholly State-owned, while those whose conditions permit may also promote investor diversification. In addition, non-State-owned enterprises may also be encouraged to participate in the operations of such enterprises by purchase of services, franchise operations, entrustment and agency, etc. The assessment of SOEs in public welfare nature shall focus on cost control, product and service quality, operating efficiency and support capabilities, while their business performance indicators and the preservation and appreciation of the value of their State-owned assets shall be assessed in a differentiated manner according to different characteristics of such enterprises. Public evaluation shall be included in such assessment. | | （六）推进公益类国有企业改革。公益类国有企业以保障民生、服务社会、提供公共产品和服务为主要目标，引入市场机制，提高公共服务效率和能力。这类企业可以采取国有独资形式，具备条件的也可以推行投资主体多元化，还可以通过购买服务、特许经营、委托代理等方式，鼓励非国有企业参与经营。对公益类国有企业，重点考核成本控制、产品服务质量、营运效率和保障能力，根据企业不同特点有区别地考核经营业绩指标和国有资产保值增值情况，考核中要引入社会评价。 |
| 3. The modern enterprise system shall be improved. | | 三、完善现代企业制度 |
(7) The corporate-style shareholding system reform shall be pushed forward. It is important to step up corporate-style reform at the group level, actively introduce various types of investors to achieve equity diversification, vigorously promote the restructuring and listing of SOEs, and create conditions to list group companies as a whole. According to the functions of different enterprises, efforts shall be made to gradually adjust the percentage of State-owned equity, and form an operating mechanism featuring diversified equity structures, standard shareholder behavior, effective internal restraints, and efficient and flexible operations. Some of the State-owned capital shall be allowed to be converted into preference shares, and a system of shares subject to special State management shall be explored in a few specific fields.
．．．．．． | | （七）推进公司制股份制改革。加大集团层面公司制改革力度，积极引入各类投资者实现股权多元化，大力推动国有企业改制上市，创造条件实现集团公司整体上市。根据不同企业的功能定位，逐步调整国有股权比例，形成股权结构多元、股东行为规范、内部约束有效、运行高效灵活的经营机制。允许将部分国有资本转化为优先股，在少数特定领域探索建立国家特殊管理股制度。
．．．．．． |
|
Dear visitor, as a premium member of this database, you will get complete access to all content.Please go premium and get more.
1. To become a premium member, please call 400-810-8266 Ext. 171.
2. Binding to the account with access to this database.
3. Apply for a trial account.
4. To get instant access to a document, you can Pay Amount 【￥1100.00】 for your single purchase. | |
您好：您现在要进入的是北大法宝英文库会员专区。
如您是我们英文用户可直接 登录，进入会员专区查询您所需要的信息；如您还不是我们 的英文用户；您可通过网上支付进行单篇购买，支付成功后即可立即查看本篇内容。
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail:info@chinalawinfo.com
|
| | | | | | | | |
Scan QR Code and Read on Mobile
|
|
|
|
|
|
Message: Please kindly comment on the present translation.
|
|
|
|
|
|
|
|
|
Translations are by lawinfochina.com, and we retain exclusive copyright over content
found on our website except for content we publish as authorized by respective copyright
owners or content that is publicly available from government sources.
Due to differences in language, legal systems, and culture, English translations
of Chinese law are for reference purposes only. Please use the official Chinese-language
versions as the final authority. Lawinfochina.com and its staff will not be directly
or indirectly liable for use of materials found on this website.
We welcome your comments and suggestions, which assist us in continuing to improve
the quality of our materials as we dynamically expand content.
|
|
|
|
|
|