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The Implementation Effectiveness of the Enterprise State owned Assets Law as Reflected in Law Enforcement Inspection Reports

2024-12-23   

The Enterprise State owned Assets Law came into effect on May 1, 2009 and is the fundamental law in the field of state-owned asset supervision in China. On the 22nd, the report of the Law Enforcement Inspection Group of the Standing Committee of the National People's Congress on inspecting the implementation of the Law on State owned Assets of Enterprises was submitted to the 13th Meeting of the Standing Committee of the 14th National People's Congress for deliberation. The report points out that under the strong leadership of the Party Central Committee, the State Council and local people's governments attach great importance to the implementation of the Enterprise State owned Assets Law, fulfill their responsibilities as investors of state-owned enterprises in accordance with the law, establish a modern enterprise system with Chinese characteristics, optimize the layout and structure of the state-owned economy, successfully complete the three-year action plan for state-owned enterprise reform, deeply implement the action plan for deepening and improving state-owned enterprise reform, strengthen the supervision and management of state-owned assets, and significantly improve the development quality of state-owned assets and state-owned enterprises. Looking at the quantity and scale, as of the end of 2023, the total assets of state-owned enterprises (excluding financial enterprises) in China will be 371.9 trillion yuan, the state-owned capital equity will be 102 trillion yuan, the state-owned financial capital equity will be 30.6 trillion yuan, and the corresponding total assets will be 445.1 trillion yuan. The total state-owned assets of central enterprises (excluding financial enterprises) are 116.5 trillion yuan, and the state-owned capital equity is 23 trillion yuan. The central state-owned financial capital equity is 21 trillion yuan, and the corresponding total assets are 289.6 trillion yuan. Looking at operational efficiency, in 2023, state-owned enterprises in China will achieve a revenue of 85.6 trillion yuan and a total profit of 4.7 trillion yuan, an increase of nearly three times compared to 2009. In 2023, the net asset return rate of central enterprises will be 6.3%, and the labor productivity of all employees will reach 784000 yuan/person. Looking at the layout structure, the total assets of central enterprises in areas related to national security, the lifeline of the national economy, and people's livelihood account for over 70%; Since the 18th National Congress of the Communist Party of China, the State owned Assets Supervision and Administration Commission of the State Council has promoted the restructuring and integration of 28 groups of 50 central enterprises, and newly established and received 16 central enterprises; In the past five years, the average investment growth rate of central enterprises in strategic emerging industries has exceeded 20%. Looking at their contributions, since 2009, central enterprises have cumulatively paid over 30 trillion yuan in taxes and fees, contributed 2.3 trillion yuan in state-owned capital gains, and transferred 1.7 trillion yuan of state-owned capital to the National Social Security Fund. State owned enterprises have made significant contributions in areas such as technological innovation, poverty alleviation, and disaster relief, providing strong support for ensuring rapid economic development and long-term social stability. The report shows that institutions and departments such as the State owned Assets Supervision and Administration Commission of the State Council and the Ministry of Finance, which fulfill their responsibilities as investors, have implemented the relevant opinions of the Party Central Committee on strengthening and improving the management of state-owned economy. They regard promoting the supervision of state-owned assets and governing enterprises according to law as an inherent requirement for the high-quality development of state-owned assets and enterprises, strengthening the leadership and construction of the Party, enhancing the construction of supporting systems, strengthening the concept of law based supervision, and significantly improving the level of rule of law in state-owned asset supervision; The institutions and departments representing the State Council and local people's governments to fulfill the responsibilities of investors shall, based on the investment relationship, formulate a list of rights and responsibilities, clarify the performance methods, and continuously improve the investment management system. The report introduces that institutions and departments at all levels that fulfill the responsibilities of investors are promoting the reform of state-owned enterprises in accordance with the law and establishing market-oriented operating mechanisms - the reform of state-owned enterprise corporate system has been basically completed; Efforts will be made to improve the corporate governance structure of enterprises, and central and local state-owned enterprises will comprehensively formulate and implement a list of major operational and management issues for pre research and discussion by party committees (party groups). By the end of 2023, all levels of state-owned enterprises across the country will achieve full board building; Deepen the market-oriented reform of enterprise management, comprehensively implement the term system and contractual management of management team members; Basically solve historical legacy issues. The report also pointed out that during the inspection process, relevant parties reflected that there are still some difficulties and problems in the implementation of the Enterprise State owned Assets Law, which need to be focused on and actively studied and solved. For example, the mechanism of state-owned asset management and supervision system still needs to be further improved; The management efficiency of institutions fulfilling the responsibilities of investors needs to be further improved; In recent years, state-owned enterprises have continued to improve quality and efficiency, but the problem of "large but not strong, large but not excellent" still exists to varying degrees, and the leading role and strategic support role of state-owned economy in some fields are not fully utilized; In practice, the basic management system for the confirmation, evaluation, and trading of state-owned assets is not sound enough, which affects the safe and efficient allocation of state-owned assets. How to further promote the implementation of the Enterprise State owned Assets Law? The report proposes to establish and improve the agency mechanism for state-owned enterprises and state-owned capital in accordance with the principle of clear property rights; Improve modern corporate governance and accelerate the improvement of the modern enterprise system with Chinese characteristics; Accelerate layout optimization and structural adjustment, and better leverage the strategic support role of state-owned economy; Establish a sound basic management system to better safeguard the security of state-owned assets; Improve the management of state-owned capital returns and better reflect the sharing of development achievements; Establish and improve the legal system, and enhance the level of legal supervision and management of state-owned assets and enterprises. (New Society)

Edit:He Chuanning Responsible editor:Su Suiyue

Source:Xinhua

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