Decree of the State-owned Assets Supervision and Administration Commission of the State Council
No.16 The Interim Measures for the Supervision and Administration of the Investments by Central Enterprises have been deliberated and adopted June 28, 2006 Interim Measures for the Supervision and Administration of the Investments by Central Enterprises Article 1 In order to implement the duties of the contributor, regulate the investment activities of central enterprises, improve the scientific Article 2 Central enterprises hereof referred to in the present Measures are the enterprises for which the State-owned Assets Supervision and Article 3 Investments hereof referred to in the present Measures are the following investment activities conducted by the enterprises within (1) investments in fixed-assets; (2) property acquisition; and (3) long-term equity investment Article 4 The SASAC shall, in accordance with laws, supervise and administrate the investment activities of these enterprises, and guide them Article 5 These enterprises are the subjects of investment activities, and shall formulate and implement the procedures of investment decision-making Article 6 The investment activities of these enterprises, as well as the supervision and administration of the SASAC to these activities, shall (1) In conformity to the development plans and industrial policies of the State; (2) In conformity to the distribution and structural adjustment direction of these enterprises; (3) In conformity to the development strategies and plans of these enterprises; (4) Giving prominence to the main industry which is in favor of enhancing the core competitiveness of these enterprises; (5) The investments in minor industries shall be in conformity to the direction of adjustment and reform of these enterprises and shall (6) In conformity to the procedures of investment decision-making and management systems of these enterprises; (7) The investment scale shall be in conformity to the scale of assets and business, the level of assets and liabilities and the actual (8) Having carried through adequate scientific authentication, and the anticipatory investment proceeds shall not be lower than the average Main industry hereof refers to the major business operations as determined in the development strategies and plans of these enterprises, Article 7 An enterprise shall, in line with its development strategies and layouts, weave annual investment plans, and the major investment The annual investment plans of an enterprise shall cover the following contents: (1) the overall investment scale, sources and composition of funds; (2) the investment scale of both main industry and minor industry; and (3) the basic information about the investment project (including the contents, investment amount, composition of funds, anticipatory Investment projects as mentioned in the annual investment plans of an enterprise refers to those investment projects which are studied Article 8 These enterprises shall submit the annual investment plans within the prescribed time limit as required by the SASAC. The uniform format, time limit or any other requirement about the submission of the annual investment plans of these enterprises shall Article 9 The SASAC shall implement the classified supervision and administration of the investment activities of these enterprises: (1) In respect of the solely state-owned companies, which have established the normalized board of directors pursuant to the relevant (2) In respect of the solely state-owned enterprises and solely state-owned companies which have not established the normalized board (3) The state holding companies shall submit the annual investment plans to the SASAC in accordance with these Measures. (4) The enterprises of other types shall be executed with reference to the state holding companies. Article 10 Where an enterprise superadds any project beyond the annual investment plans, it shall report the relevant information to the SASAC Article 11 An enterprise shall report any of the following significant investment matters to the SASAC in time: (1) As to the investment projects which need to be approved by the State Council or by the relevant departments of the State Council in (2) If any of the following cases occurs during the implementation course of an investment project of the enterprise, this enterprise a. Significant adjustment of the investment amount, sources or composition of funds, which causes excessive corporate debts and exceeds b. Significant alternation of the equity structure, which causes the transfer of the enterprise controlling right; or c. Serious breach of the contact by the investment partner, which damages the rights and interests of contributors. (3) Other significant investment matters that need to be reported to the SASAC. Article 12 The SASAC shall establish a statistical and analysis system about the investments by these enterprises, and an enterprise shall submit Article 13 An enterprise shall implement the follow-up appraisal and management of investment projects, and the specific work contents and requirements Article 14 The SASAC has the obligation of the keeping secret of the materials submitted by the enterprise in accordance with the present Measures. Article 15 Where an enterprise acts against the present Measures or the provisions on the procedures of its investment decision-makings, it If any relevant responsible person of the SASAC violates the present Measures, he shall be ordered to make corrections by the SASAC; Article 16 The specific provisions concerning the supervision and administration of the overseas investments of these enterprises shall be prescribed Article 17 The present Measures are subject to the interpretation by the SASAC. Article 18 The present Measures shall come into force as of July 1, 2006. |
the state-owned assets supervision and administration commission of the state council
2006-06-28