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Several Opinions of the State Council on Reforming and Improving the State-Owned Asset Management System [Effective]
国务院关于改革和完善国有资产管理体制的若干意见 [现行有效]
【法宝引证码】

Several Opinions of the State Council on Reforming and Improving the State-Owned Asset Management System 

国务院关于改革和完善国有资产管理体制的若干意见

(No. 63 [2015] of the State Council) (国发〔2015〕63号)

The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government; all ministries and commissions of the State Council; and all institutions directly under the State Council: 各省、自治区、直辖市人民政府,国务院各部委、各直属机构:
Since the reform and opening up, the reform of China's state-owned asset management system has been steadily advanced, the state-owned asset contributor representative regime has been basically established, the responsibilities for preserving and increasing value have been preliminarily implemented, and the size of state-owned assets, profitability, and competitiveness have been significantly raised or improved. Nevertheless, it must be noted that there remain the problems of non-separation of government administration and enterprise management and non-separation of government's socioeconomic management function from its function as the owner of state-owned assets in the state-owned asset management system, and there persists an abuse, absence, or misplacement of regulation of state-owned assets; unsound state-owned assets oversight mechanisms, loss of state-owned assets, and violations of disciplines or laws are relevant prominent in some fields and enterprises; and the layout and structure of the state-owned economy need to be further optimized, and inefficient allocation of state-owned capital and other problems urgently need to be resolved. According to the Decision of the CPC Central Committee on Several Significant Issues concerning Comprehensively Deepening Reform and the relevant arrangements of the State Council, the following opinions on reforming and improving the state-owned asset management system are hereby offered. 改革开放以来,我国国有资产管理体制改革稳步推进,国有资产出资人代表制度基本建立,保值增值责任初步得到落实,国有资产规模、利润水平、竞争能力得到较大提升。但必须看到,现行国有资产管理体制中政企不分、政资不分问题依然存在,国有资产监管还存在越位、缺位、错位现象;国有资产监督机制不健全,国有资产流失、违纪违法问题在一些领域和企业比较突出;国有经济布局结构有待进一步优化,国有资本配置效率不高等问题亟待解决。按照《中共中央关于全面深化改革若干重大问题的决定》和国务院有关部署,现就改革和完善国有资产管理体制提出以下意见。
I. General requirements   一、总体要求
1. Guiding ideology. The spirit of the 18th CPC National Congress and the Second, Third and Fourth Plenary Sessions of the 18th CPC Central Committee shall be profoundly implemented, the decisions and arrangements of the CPC Central Committee and the State Council shall be followed, the basic economic system of socialism shall be upheld and improved, the reform direction of socialist market economy shall be adhered to, the pattern of market economy and the pattern of enterprise development shall be respected, the relation between the government and the market shall be correctly handled, the regulation of state-owned assets shall be strengthened with capital management as the main content, the authorized operation system of state-owned capital shall be reformed, the status of state-owned enterprises as market participants shall be really established, and the transformation of the functions of state-owned assets supervision and administration institutions shall be advanced, so as to adapt to the new situation of market orientation, modernization, and internationalization and the new normal of economic development and continue to heighten the dynamism, dominance, influence, and capability of risk resistance of the state-owned economy. (一)指导思想。深入贯彻落实党的十八大和十八届二中、三中、四中全会精神,按照党中央、国务院决策部署,坚持和完善社会主义基本经济制度,坚持社会主义市场经济改革方向,尊重市场经济规律和企业发展规律,正确处理好政府与市场的关系,以管资本为主加强国有资产监管,改革国有资本授权经营体制,真正确立国有企业的市场主体地位,推进国有资产监管机构职能转变,适应市场化、现代化、国际化新形势和经济发展新常态,不断增强国有经济活力、控制力、影响力和抗风险能力。
2. Basic principles. (二)基本原则。
Adhering to well-defined rights and responsibilities. The separation of the government administration from enterprise management, the government's socioeconomic management function from its function as the owner of state-owned assets, and ownership from business management rights shall be achieved, and the capital contribution relationship between the government and state-owned enterprises shall be straightened out according to the law. Government functions shall be transformed practically, the status of state-owned enterprises as market participants shall be established according to the law, and a modern enterprise system shall be established and improved. The separation of the public administration functions of the government from the functions of state-owned asset contributors shall be adhered to so as to ensure that state-owned enterprises operate lawfully and independently and to trigger the dynamism, creativity, and inherent motives of enterprises. 坚持权责明晰。实现政企分开、政资分开、所有权与经营权分离,依法理顺政府与国有企业的出资关系。切实转变政府职能,依法确立国有企业的市场主体地位,建立健全现代企业制度。坚持政府公共管理职能与国有资产出资人职能分开,确保国有企业依法自主经营,激发企业活力、创新力和内生动力。
Adhering to highlighting priorities. As required by the market economy rules and the modern enterprise system, with prominence given to capital management, with capital as the bond, with property rights as the foundation, effective administration of the layout of state-owned capital, well-regulated capital management, raising returns on capital, and maintenance of capital safety shall be the priorities. Attention shall be paid to the lawful exercise of the rights by the state as a shareholder through the corporate governance structure. 坚持突出重点。按照市场经济规则和现代企业制度要求,以管资本为主,以资本为纽带,以产权为基础,重点管好国有资本布局、规范资本运作、提高资本回报、维护资本安全。注重通过公司法人治理结构依法行使国有股东权利。
Adhering to the combination of decentralization with appropriate control. According to the requirements of well-defined rights and responsibilities, efficient regulation, and standard and transparency, the transformation of the functions and regulatory modes of state-owned assets supervision and administration institutions shall be advanced. The power that should be delegated to enterprises shall be delegated by law so as to practically enhance the dynamism of enterprises and raise the efficiency of state-owned capital management; and what should be controlled shall be scientifically and effectively controlled so as to strictly prevent the loss of state-owned assets and ensure the preservation of and increase in the value of state-owned assets. 坚持放管结合。按照权责明确、监管高效、规范透明的要求,推进国有资产监管机构职能和监管方式转变。该放的依法放开,切实增强企业活力,提高国有资本运营效率;该管的科学管好,严格防止国有资产流失,确保国有资产保值增值。
Adhering to soundness and order. The relation among reform, development, and stability shall be effectively handled, the systematisms and synergy of the reform and improvement of the state-owned asset management system shall be highlighted, with priority fields to make breakthrough in, pilot programs shall be conducted, implementation shall be conducted step by step, and overall plans shall be made, so as to advance the relevant supporting reform collaboratively. 坚持稳妥有序。处理好改革、发展、稳定的关系,突出改革和完善国有资产管理体制的系统性、协调性,以重点领域为突破口,先行试点,分步实施,统筹谋划,协同推进相关配套改革。
II. Furthering the transformation of the functions of state-owned assets supervision and administration institutions   二、推进国有资产监管机构职能转变
3. Accurately understanding the duty orientations of state-owned assets supervision and administration institutions. State-owned assets supervision and administration institutions, as the special institutions directly under the governments, shall represent the people's governments at the corresponding levels in performing the duties as capital contributors towards the enterprises under regulation in accordance with the law as authorized, scientifically define the regulatory limits of state-owned asset contributors, specially take charge of overseeing state-owned assets, and abstain from exercising the public administration function of the government and from intervening in the autonomy of management of enterprises. With prominence given to capital management, effective administration of the layout of state-owned capital, well-regulated capital management, raising returns on capital, and maintenance of capital safety shall be the priorities so as to better serve national strategic objectives and achieve the preservation of and increase in value. The professional regulatory advantages of state-owned assets supervision and administration institutions shall be exploited, and the full coverage of regulation by state-owned asset contributors shall be gradually boosted. (三)准确把握国有资产监管机构的职责定位。国有资产监管机构作为政府直属特设机构,根据授权代表本级人民政府对监管企业依法履行出资人职责,科学界定国有资产出资人监管的边界,专司国有资产监管,不行使政府公共管理职能,不干预企业自主经营权。以管资本为主,重点管好国有资本布局、规范资本运作、提高资本回报、维护资本安全,更好服务于国家战略目标,实现保值增值。发挥国有资产监管机构专业化监管优势,逐步推进国有资产出资人监管全覆盖。
4. Further specifying the priorities of state-owned asset regulation. Guidance by strategic plans shall be strengthened, the administrative modes of definition of the principal business, investment, and mergers and acquisitions of enterprises under regulation shall be improved, market mechanisms shall be observed, existing state-owned capital shall be regulated and adjusted, increments shall be scientifically allocated, and the optimization of the layout and structure of state-owned capital shall be accelerated. The monitoring of the quality of state-owned capital management and financial conditions of enterprises under regulation shall be tightened, the regulation of the circulation of state-owned property rights shall be enhanced, and the efforts at state-owned property rights trading on markets shall be intensified. Categorized regulation shall be put in place according to the definition and categorization of the functions of state-owned enterprises. The evaluation system and measures shall be improved, the quality, efficiency, and yields of capital management shall be comprehensively evaluated, and with economic value added mainly taken into account, transformation and upgrading, innovation as driving force, management compliance, and fulfillment of social responsibilities, among others, shall be included in the evaluation indicator system. Particular attention shall be paid to improving the incentive and restraint mechanism to organically combine the evaluation results of leaders of state-owned enterprises with appointment, dismissal, remunerations, and benefits and strictly regulate the allocation of remunerations to the leaders of state-owned enterprises. A salary determination and normal increase mechanism basically adapting to the job market and linked to the economic benefits and labor productivity of enterprises shall be established and improved. Enterprises under regulation shall be promoted in continuing to optimize corporate governance structure, strengthening party leadership and improvement of corporate governance shall be unified, and a categorized and hierarchical management regime for leaders of state-owned enterprises shall be established. The oversight of state-owned assets shall be tightened, the assigned boards of supervisors rules shall be strengthened and improved, and an accountability system for management by state-owned enterprises in violation of laws or regulations and an accountability mechanism for significant decision-making mistakes related to state-owned enterprises, negligence of duty, and malfeasance shall be established and improved.
......
 (四)进一步明确国有资产监管重点。加强战略规划引领,改进对监管企业主业界定和投资并购的管理方式,遵循市场机制,规范调整存量,科学配置增量,加快优化国有资本布局结构。加强对国有资本运营质量及监管企业财务状况的监测,强化国有产权流转环节监管,加大国有产权进场交易力度。按照国有企业的功能界定和类别实行分类监管。改进考核体系和办法,综合考核资本运营质量、效率和收益,以经济增加值为主,并将转型升级、创新驱动、合规经营、履行社会责任等纳入考核指标体系。着力完善激励约束机制,将国有企业领导人员考核结果与职务任免、薪酬待遇有机结合,严格规范国有企业领导人员薪酬分配。建立健全与劳动力市场基本适应,与企业经济效益、劳动生产率挂钩的工资决定和正常增长机制。推动监管企业不断优化公司法人治理结构,把加强党的领导和完善公司治理统一起来,建立国有企业领导人员分类分层管理制度。强化国有资产监督,加强和改进外派监事会制度,建立健全国有企业违法违规经营责任追究体系、国有企业重大决策失误和失职渎职责任追究倒查机制。
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