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Opinions of the National Development and Reform Commission, the Ministry of Finance, the Ministry of Human Resources and Social Security and Other Departments on Certain Policies for Deepening Pilot Programs of Mixed-Ownership Reform
[Effective]
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国家发展改革委、财政部、人力资源社会保障部等关于深化混合所有制改革试点若干政策的意见
[现行有效]
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| Opinions of the National Development and Reform Commission, the Ministry of Finance, the Ministry of Human Resources and Social Security, the Ministry of Land and Resources, the State-owned Assets Supervision and Administration Commission of the State Council, the State Administration of Taxation, the China Securities Regulatory Commission, and the State Administration of Science, Technology and Industry for National Defense on Certain Policies for Deepening Pilot Programs of Mixed-Ownership Reform | | 国家发展改革委、财政部、人力资源社会保障部、国土资源部、国资委、税务总局、证监会、国防科工局关于深化混合所有制改革试点若干政策的意见 |
| (No. 2057 [2017] of the National Development and Reform Commission) | | （发改经体〔2017〕2057号） |
| The development and reform commissions, financial departments (bureaus), human resources and social security departments (bureaus), land and resources departments (bureaus), state assets supervision and administration commissions, state taxation bureaus, local taxation bureaus, local offices of the China Securities Regulatory Commission ("CSRC"), and bureaus of science, technology and industry for national defense of all provinces, autonomous regions, municipalities directly under the Central Government, and cities under separate state planning: | | 各省、自治区、直辖市及计划单列市发展改革委、财政厅（局）、人力资源社会保障厅（局）、国土资源厅（局）、国资委、国家税务局、地方税务局、证监局、国防科工局： |
| In accordance with the arrangements of the CPC Central Committee and the State Council for the mixed-ownership reform of state-owned enterprises, under the leadership of the Leading Group for State-owned Enterprise Reform under the State Council, the National Development and Reform Commission and the State-owned Assets Supervision and Administration Commission of the State Council ("SASAC") have launched two groups of pilot reforms of mixed-ownership reform in important fields in conjunction with the relevant departments and made significant achievements in the reform. According to the general comments from enterprises during the advancement of the pilot programs, specific problems existing in the pilot programs shall be seriously researched and resolved in order to enable the advancement of the pilot programs to produce actual effect. The Leading Group for State-owned Enterprise Reform under the State Council attached great importance, and the General Office of the Leading Group for State-owned Enterprise Reform under the State Council actively conducted coordination and proposed solutions. For the purposes of comprehensively implementing the spirit of the 19th CPC National Congress, using Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era as guidelines, and promoting the mixed-ownership reform more effectively, the following opinions are hereby offered on the relevant policy issues in the pilot programs of mixed-ownership reform. | | 按照党中央国务院关于国有企业混合所有制改革的部署，在国务院国有企业改革领导小组领导下，国家发展改革委、国务院国资委会同有关部门已先后推出两批重要领域混合所有制改革试点，并取得显著改革成效。试点推进过程中企业普遍反映，为使试点顺利推进取得实效，必须认真研究解决试点中存在的具体问题。国务院国有企业改革领导小组高度重视，国有企业改革领导小组办公室积极协调，提出解决办法。为全面贯彻落实党的十九大精神，以习近平新时代中国特色社会主义思想为指引，更加卓有成效地推动混合所有制改革，现就混合所有制改革试点中的相关政策问题提出以下意见。 |
| I. State assets pricing mechanisms | | 一、关于国有资产定价机制 |
| Scientific and accurate pricing of state assets is the basis for the mixed-ownership reform of state-owned enterprises and an important means to prevent the loss of state assets. At present, the pricing systems and measures relating to trading by state-owned non-listed companies need further improving, and the relevant departments shall speed up research on the revision of the Rules on the Evaluation and Management of State Assets, strictly regulate the procedures for state assets appraisement, detail appraisement methods, strengthen regulation and legal accountability, and tighten joint punishment of violations and dishonesty, so as to effectively prevent the loss of state assets. For state assets appraised and traded by established procedures and means, a liability exemption and error tolerance mechanism shall be established, and state-owned enterprises shall be encouraged to promote the mixed ownership reform. | | 科学准确地对国有资产进行定价，是国有企业混合所有制改革的基础，是防止国有资产流失的重要手段。目前，国有非上市公司交易相关定价制度办法需进一步完善，有关部门要加快研究修订《国有资产评估管理办法》，严格规范国有资产评估程序、细化评估方式、强化监管和法律责任追究、强化违法失信联合惩戒，有效防止国有资产流失。对于按规定程序和方式评估交易的国有资产，建立免责容错机制，鼓励国有企业推动混合所有制改革。 |
| II. Employees' labor relations | | 二、关于职工劳动关系 |
Relevant departments shall strengthen coordination and guidance and urge enterprises under the pilot programs of mixed-ownership reform, in strict accordance with the rules governing employees' labor relations established in the Labor Contract Law and the Opinions of the State Council on Development of An Economy of Mixed-Ownership of State-Run Enterprises (No. 54 [2015], State Council), as legally required, to properly solve the problems of adjustment of the labor relations of state-owned enterprises' employees, continuity of their social insurance relations, and other problems involved in the mixed-ownership reform, so as to ensure the stability of the workforce. When an enterprise conducts mixed-ownership reform, labor contracts that have not expired shall continue to be performed according to the law and may be modified with employees according to the relevant rules, and the seniority of an employee before and after restructuring shall be calculated in an integrated manner. If an enterprise dissolves a labor contract with an employee in accordance with the law, it shall pay economic compensation. Enterprises carrying out the mixed-ownership reform shall develop a market-based employment system to achieve engagement and dismissal of employees.
．．．．．． | | 有关部门要加强协调指导，督促混合所有制改革试点企业严格按照《劳动合同法》和《国务院关于国有企业发展混合所有制经济的意见》（国发〔2015〕54号）涉及职工劳动关系调整的相关规定，依法妥善解决混合所有制改革涉及的国有企业职工劳动关系调整、社会保险关系接续等问题，确保职工队伍稳定。企业混合所有制改革时，职工劳动合同未到期的应当依法继续履行，可按有关规定与职工变更劳动合同，改制前后职工的工作年限应合并计算。企业依法与职工解除劳动合同的，应当支付经济补偿。混合所有制改革企业要形成市场化劳动用工制度，实现员工能进能出。
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