Regulations of Shenyang Municipality on Township Enterprises

chapter I general provisions article 1 in order to protect the legitimate rights and interests of township enterprises, standardize their behaviors and promote their healthy development, these regulations are formulated in accordance with the relevant laws and regulations of the state and combined with the actual situation of this municipality. Article 2 The term "township enterprises" as mentioned in these Regulations refers to enterprises invested by collective economic organizations or farmers in townships (including towns, the same below) and villages (including villagers' groups, the same below) and engaged in production and business activities such as industry, agriculture, commerce, construction, transportation and catering services. Article 3 Township enterprises shall operate independently, conduct independent accounting, be responsible for their own profits and losses, be self-disciplined and develop themselves. Article 4 Township enterprises shall, under the guidance of the principles of equality, mutual benefit, voluntary consultation and equal value and compensation, carry out various forms of economic and technological union and cooperation, realize the optimal combination of production factors, and improve their competitiveness and economic benefits. Fifth township enterprises can implement various business forms such as contracting and leasing.

township enterprises should reform the property right system and management mode, implement joint-stock cooperative system and joint-stock system, and gradually establish a modern enterprise system. Article 6 The administrative department of township enterprises of the Municipal People's Government shall be responsible for the management of township enterprises in the whole city. County (city), the District People's government administrative departments of township enterprises responsible for the management of township enterprises in this administrative region. Seventh relevant departments of the people's governments at all levels shall, in accordance with their respective responsibilities, be responsible for the management of relevant aspects of township enterprises and provide good services for township enterprises. Eighth qualified township enterprises, according to the principle of voluntary workers, according to the law to form a trade union organization. Chapter ii establishment, alteration and termination of township enterprises article 9 the establishment of township enterprises shall be based on overall planning and rational layout, combined with the construction of small towns, with emphasis on supporting the establishment of the following township enterprises:

(2) developing and utilizing various resources according to law and giving full play to local advantages;

(3) producing high-tech, high foreign exchange earning and high value-added products;

(4) Joint ventures or cooperation with foreign countries, Hong Kong, Macao and Taiwan. Article 1 The establishment of township collective enterprises shall be examined by the people's governments at the township level, submitted to the competent departments of township enterprises of the people's governments at the county level and the relevant departments stipulated by laws and regulations for approval, and registered with the administrative authorities for industry and commerce where the enterprises are located with the relevant approval documents. Only after obtaining the Business License of Enterprise as a Legal Person or the Business License upon approval can it start business, and go through the tax registration with the tax authorities.

the establishment of other forms of township enterprises shall be registered in accordance with the relevant provisions of the state and filed with the competent department of township enterprises. Article 11 When a township enterprise is divided, merged, relocated, closed down, terminated or changes its name and business scope, it shall, in accordance with the relevant provisions of the state, handle the change or cancellation of its registration with the local administrative department for industry and commerce and the tax authorities, notify the bank where it has opened the account, and at the same time file with the competent department of township enterprises. Article 12 When a township enterprise is divided, merged, closed down or terminated, it must protect its property and clear its creditor's rights and debts according to law.

the bankruptcy of township enterprises shall be handled in accordance with relevant state laws and regulations. Chapter III Owners and Operators of Township Enterprises Article 13 Township enterprises shall follow the principle that whoever invests in the establishment shall own it and whoever benefits from it. No organization or individual may illegally change the ownership of township enterprises, or occupy or use their property for free.

the property rights of township enterprises can be transferred according to law. Article 14 Enterprises invested and established by townships and villages are collectively owned by rural farmers, and their ownership is exercised by collective economic organizations representing the township and village farmers. Where an enterprise implements the contract, lease system or associates with other ownership enterprises, the ownership of the enterprise property remains unchanged.

some enterprises run by farmers in cooperation and partnership belong to the farmers who invested in the enterprise, and their ownership is made by the farmers who invested in the enterprise.

the joint-stock cooperative system and joint-stock enterprises are owned by the shareholders of the enterprise, and their ownership is exercised by the shareholders' meeting or the shareholders' congress and its elected board of directors.

other forms of ownership of township enterprises shall be exercised in accordance with the provisions of relevant laws and regulations. Fifteenth owners of township enterprises shall decide the business direction, business form, director (manager) selection and selection method of the enterprise according to law. Article 16 The chairman or director (manager) of a township enterprise is the legal representative of the enterprise. The enterprise implements the factory director (manager) responsibility system. Article 17 Township enterprises shall enjoy the following rights in their production and business activities:

(1) Possession and use of enterprise assets;

(2) raise funds according to law, carry out technical transformation and expand reproduction;

(3) arranging production and business activities independently within the scope of approval and registration;

(4) to decide on the establishment of the internal organization of the enterprise and the distribution of wages and bonuses, and to recruit, reward, punish and dismiss employees according to law;

(5) selling the products of the enterprise by itself, and independently determining the prices of the products and services of the enterprise, unless otherwise stipulated by the state and the province;

(6) independently conclude economic contracts and carry out economic and technological cooperation;

(7) develop and utilize various resources according to law;

(8) voluntarily participating in various tendering and bidding activities;

(9) Utilize foreign capital according to law, carry out import and export trade, and invest overseas to set up enterprises;

(1) refusing to apportion, illegally charging fees and illegally imposing fines;

(11) other rights stipulated by laws and regulations.