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Notice of Chongqing Municipal People's Government on Forwarding the Opinions of the Municipal Federation of Supply and Marketing Cooperatives and Other Four Departments on the Reform of Property Rights System of Supply and Marketing Cooperatives and the Establishment of Cooperatives

Notice of Chongqing Municipal People's Government on Forwarding the Opinions of the Municipal Federation of Supply and Marketing Cooperatives and Other Four Departments on the Reform of Property Rights System of Supply and Marketing Cooperatives and the Establishment of Cooperatives

Yufufa [] No.75

People's governments of counties (autonomous counties and cities) and relevant departments of the municipal government:

The Municipal People's Government agrees with the Opinions of the Municipal Federation of Supply and Marketing Cooperatives, the Municipal Agricultural Office, the Municipal Commission of Commerce and the Municipal Office for Economic Restructuring on Issues Related to the Reform of Property Rights System of Supply and Marketing Cooperatives and the Establishment of Cooperatives, which are hereby transmitted to you, please implement them conscientiously.

At present, there are still some outstanding problems in supply and marketing cooperative enterprises, such as unclear property rights, unsatisfactory system, inflexible mechanism and heavy burden. A considerable number of enterprises are insolvent and their survival is unsustainable. In order to further implement the spirit of the State Council's Notice on Solving Some Outstanding Problems of Supply and Marketing Cooperatives (Guo Fa No.5) and speed up the pace of supply and marketing cooperative enterprises turning losses into profits, it is necessary to deepen the reform of property rights system and open cooperatives. Implementing the reform of property right system of supply and marketing cooperatives is a systematic project with strong policy and heavy workload. Governments at all levels should attach great importance to it, and relevant departments should give strong support to ensure the smooth progress of the reform.

August 2000 16

Chongqing Federation of Supply and Marketing Cooperatives Chongqing Municipal People's Government Rural Work Office Chongqing Municipal Commission of Commerce

Opinions of Chongqing Economic System Reform Office on the Reform of Property Right System of Supply and Marketing Cooperatives and the Opening of Cooperatives

In order to conscientiously implement the spirit of the State Council Document No.5 and meet the needs of the adjustment of agricultural and rural economic structure in our city, supply and marketing cooperatives must vigorously promote the reform of property rights system and implement open cooperation.

First, vigorously promote the reform of property rights system.

(1) Separation of social enterprises. Supply and marketing cooperatives uniformly exercise the ownership of social assets at the same level, enjoy the right to return assets, make major decisions and choose managers, and adopt authorized operation to realize the separation of ownership and management rights of social assets. Supply and marketing cooperatives shall undertake limited liability within the limit of the capital invested in the enterprise, exercise the rights and obligations of shareholders, and change the business mode of undertaking unlimited liability and doing everything.

(2) Classified disposal of enterprises. Supply and marketing cooperative enterprises? Including grass-roots cooperatives, the same below? On the basis of asset evaluation, it is necessary to classify and queue up for disposal. Enterprises that are insolvent and have no hope of turning losses should be closed first, and then disintegrated and bankrupt according to regulations, so as to fundamentally eliminate the source of losses; For insolvent enterprises or enterprises with comparable assets and liabilities, they can separate profitable commodities with market advantages, centrally managed commodities and effective assets, and bear corresponding debts at the same time, and re-establish them as limited liability companies or joint-stock cooperative enterprises; For enterprises with assets greater than debts, we can carry out standardized corporate system reform and form joint stock limited companies or limited liability companies. No matter what form of reform is adopted, we must actively pay off bank debts and ensure that bank debts are not suspended. Supply and marketing cooperatives and banks should work together with Qi Xin to do a good job of suspense, remove the bad guarantee chain between supply and marketing cooperatives, and reduce the debt burden of enterprises through debt-for-equity swap, debt-for-equity swap and debt settlement.

(three) the placement of retirees and disabled, survivors and other personnel. Cities and counties (autonomous counties, cities) industrial enterprises whose supply and marketing cooperatives are bankrupt (disintegrated) have the status of state-owned employees and meet the retirement conditions stipulated in document No.75 of Chongqing Office [2014]. They can apply by themselves and go through retirement procedures according to the provisions of this document.

Resettlement of retirees, disabled persons, survivors and other personnel of industrial enterprises in the supply and marketing cooperatives system that have gone bankrupt (disintegrated) should be done in accordance with Chongqing? Document No.75 stipulates implementation.

The bankrupt and disintegrated enterprise must pay the basic medical insurance premium to the medical insurance institution in the bankruptcy liquidation fund, and pay the old-age insurance premium owed in full according to the regulations to ensure the interests of retired workers.

Four? Economic compensation standard for one-time placement of employees. For the resettlement of enterprise employees, a resettlement plan shall be formulated, which shall be examined and approved by the workers' congress or the workers' congress, and implemented after being reported to the competent department and relevant departments for examination and approval. For the officially registered employees recruited before June 10, 2008, if the enterprise can't find a job through other means, I can voluntarily apply for self-employment, and the enterprise can go through the formalities of dissolving the labor relationship. Enterprises within the scope of their net assets payment ability, according to the local average wage of employees in the previous year to extract resettlement fees, and combined with the employee calculate length to pay a one-time resettlement fee. Workers who receive one-time resettlement fees will no longer enjoy unemployment insurance benefits. For contract workers recruited after 10 and 1 year, one month's salary will be paid as economic compensation according to their working years in the enterprise, and the labor relationship with the enterprise will be terminated. Laid-off workers who enter the enterprise re-employment service center and terminate their labor relations with the enterprise shall be implemented in accordance with the relevant policies on re-employment. The placement of employees of bankrupt (dissolved) enterprises shall be carried out in accordance with the relevant provisions of the state and the government.

(5) Enterprises that have not completed the repayment of member shares must raise enough effective assets during the restructuring, implement closed operation, increase the efforts of selling, realizing and collecting debts, and ensure the full repayment of member shares.

(6) Equity setting. According to the requirements of diversification of investors, legal person shares (including social legal person shares, social legal person shares and employee stock ownership associations) and natural person shares should generally be set up. For enterprises with a small number of employees, employees become shareholders in the name of natural persons; For enterprises with a large number of employees, individuals with a large amount of shares hold shares as natural persons, and other employees hold shares through employee stock-holding meetings or employee representatives.

(7) Reasonable setting of total share capital. According to the needs of enterprise business development and the affordability of investors, the total amount of share capital is reasonably determined. After social assets become shares, the remaining assets can be replaced by employees? The turnover of enterprise managers is greater than that of ordinary employees? . If the employee pays the price in one lump sum, he can get a discount of 10%. The replacement income should be turned over to the supply and marketing cooperatives at the same level as the overall development fund. If there is still net assets after replacement, it will be temporarily used by the enterprise, and the enterprise will pay the asset use fee.

(eight) actively encourage managers to hold more shares and hold more shares. For newly established enterprises (except supply and marketing cooperatives holding enterprises), the shares of the management should account for more than 565,438+0% of the total share capital, and the shares of the chairman should account for 20-30% of the total share capital; Supply and marketing cooperatives holding enterprises should be handled in accordance with the relevant provisions. The source of funds for management shareholding can be solved by paying cash, private property mortgage, equity mortgage, option dividend repayment and so on.

(9) Registered dividends and incremental allotment. For enterprises with more net assets, some assets can be recorded in the name of employees in the form of income as the basis for paying dividends to employees. Ownership belongs to the supply and marketing cooperatives collectively, and shall not be inherited or transferred. After the workers change jobs, die or retire, they can be recovered by the supply and marketing cooperatives, or they can pay dividends every year to replace the legal person shares of the cooperatives. But at the same time, employees must increase their investment in shares, and the incremental investment is 1.2 or more. Registered dividend shares and incremental allotment enter the total share capital of the enterprise.

(10) Strengthen and improve enterprise management. Formulate and implement clear enterprise development strategy, technological innovation strategy and marketing strategy, effectively improve the level of business decision-making and prevent major decision-making mistakes. Pay close attention to the weak links in enterprise management, focusing on cost management, capital management, quality management and procurement marketing management.

Second, open cooperatives and develop cooperative economic organizations.

(eleven) the overall requirements for the establishment of cooperatives. Adhere to the "three benefits" standard, break the sense of self-isolation, rely on supply and marketing cooperatives to develop cooperative economic organizations, realize the grand alliance of various cooperative economic organizations serving agriculture, rural areas and farmers and other cross-regional cooperative economic organizations with legal personality, enrich the people and revitalize the society, and truly turn the supply and marketing cooperatives into cooperative economic organizations with farmers as the main body.

(12) extensive grand alliance. Supply and marketing cooperatives at all levels should be market-oriented, open their doors, actively create conditions, guide, organize and promote the development of various cooperative economic organizations outside the system, and open them to various cooperative economic organizations, especially rural cooperative economic organizations. Different forms and types of cooperatives and organizations with cooperative economic nature can join supply and marketing cooperatives at all levels to realize the grand alliance of cooperative economic organizations. Enterprises with social ownership should be completely liberalized, and multi-level and multi-form joint cooperation with enterprises with different ownership properties should be allowed. Supply and marketing cooperatives should perform their duties as organizers, guides and service providers of cooperative economy. All districts and counties (autonomous counties and cities) agricultural offices, financial offices, agricultural bureaus, forestry bureaus, agricultural machinery bureaus, water conservancy bureaus and other departments should closely cooperate with supply and marketing cooperatives and do a good job in organizing and serving open cooperatives.

(thirteen) to achieve diversification of investment subjects. In promoting the reform of enterprise property rights system, supply and marketing cooperatives should break the situation of single investor and closed capital structure, and widely absorb social legal persons, natural persons, cooperative employees at all levels and employees of their own enterprises to invest in shares or even hold shares. Supply and marketing cooperatives hold shares in enterprises that implement centralized commodity management and imperfect competitive commodity management, and the supply and marketing cooperatives choose whether the remaining enterprises hold shares.

(fourteen) around the advantages of business, the formation of enterprise groups. The Municipal Federation of Supply and Marketing Cooperatives should concentrate on the advantages of fertilizers, pesticides, cotton, medicines, salt, fireworks and firecrackers, scrapped cars, pawns and auctions, take the lead in setting up various enterprise groups in the city, introduce various cooperative economic organizations and natural persons to invest in the society, adopt scientific management methods, develop new business formats, improve the network system and do a good job in brand management.

(fifteen) actively adjust the organizational structure. Supply and marketing cooperative enterprises and grass-roots cooperatives in counties (autonomous counties and cities) should adjust their organizational systems in accordance with the requirements of market economy and commodity flow, relying on urban and rural economic entities, and some can be "one county, one cooperative, one cooperative with multiple enterprises and one cooperative with multiple systems"; Some can be "several cooperatives in one county, one cooperative with multiple systems, and one cooperative with multiple enterprises"; Some can establish cross-regional, cross-industry and cross-ownership cooperatives. The disintegration and bankruptcy of grass-roots cooperatives can be organized by professional companies or by several professional cooperatives. Village-level comprehensive service agency? Form a joint organization, not a grass-roots organization; It can also be initiated by a few people, involving farmers, and reported to the relevant departments for approval to re-establish grass-roots cooperatives.

(16) Vigorously develop emerging pillar industries. Supply and marketing cooperatives should base themselves on supply and marketing, jump out of supply and marketing, face the market, develop in multiple industries, consciously integrate into the tide of rural and national economic development, broaden the path of industrial development, and regard the development of leading enterprises such as agricultural industrialization, comprehensive agricultural development, market and network construction, social industry, tourism and liquefied gas management as new economic growth points and image projects for supply and marketing cooperatives.

(17) accelerate the development of professional cooperatives and village-level comprehensive service institutions? Standing? Do a good job in infrastructure construction of supply and marketing cooperatives. Supply and marketing cooperatives should open their doors to cooperatives, mobilize urban and rural residents to join the "three cooperatives" in accordance with the principle of cooperative system, serve themselves, manage themselves, manage themselves and develop themselves. District and county? Autonomous county, city? The government should bring the construction of "three cooperatives" and agricultural industrialization into unified planning and deployment, and the township government? Street office? It is necessary to actively take the lead in organizing, supply and marketing cooperatives undertake specific tasks, and village-level and urban community organizations actively participate in accelerating the development of the "three cooperatives". The funds needed for the establishment of cooperatives are jointly raised by towns (street offices), supply and marketing cooperatives, village cooperatives and communities.

(eighteen) to build a high-quality management team. Supply and marketing cooperatives and their enterprises should establish a new concept of open selection and employment, face the society in accordance with the principle of "openness, fairness, competition and merit-based", teach students in accordance with their aptitude, and extensively absorb management talents and professional and technical talents needed by enterprises.

Third, strengthen leadership to ensure the smooth implementation of the reform of the property rights system of supply and marketing cooperatives and the opening of cooperatives.

(nineteen) governments at all levels should take the reform of the property rights system of supply and marketing cooperatives and the opening up of cooperatives as a major event, put it on the agenda, and earnestly do a good job. Agriculture? Money? The office, the Office for Economic Restructuring, the State Administration of Land and Housing, the Labor Bureau, the Industrial and Commercial Bureau, the Taxation Bureau, the Agriculture Bureau and other departments should vigorously support the reform of the property right system of supply and marketing cooperatives and the establishment of cooperatives. Districts and counties with heavy workload and tasks? Autonomous county, city) government can set up a leadership coordination group, regularly study and solve the problems existing in the reform and development.

(twenty) increase policy support and create a relaxed external environment. State-owned land allocation is authorized to the supply and marketing cooperatives at the same level for unified management. The land transfer fee and land income shall be managed according to the two lines of revenue and expenditure, and shall be returned to the supply and marketing cooperatives in full after approval by the government for repayment of members' shares, placement of employees and development of the supply and marketing cooperatives. Banks and asset management companies should actively support the reform and development of supply and marketing cooperatives. For mortgaged over-value and value-added assets, measures such as immediate mortgage and transitional guarantee can be adopted through consultation, and debts will be repaid after development and value-added; For enterprises whose products are marketable and profitable in production and operation, banks can support them by means of "closed loans".

-after the loss-making enterprise is divided, reorganized or restructured, the losses that the original enterprise has not made up can be made up with the profits realized within five years before tax;

—— The expenses for the transfer of the right to use real estate, notarization, change of industrial and commercial registration, and change of water, electricity and electricity in enterprise restructuring are based on the production cost.

-The supply and marketing cooperative enterprises that have been flooded and relocated in the Three Gorges Reservoir area will be relocated according to the resettlement policy, and their resettlement compensation can give priority to the employees of the enterprises.

-After the workers are resettled, after deducting 20% of the public housing maintenance fund and paying the housing accumulation fund in full, the rest will be used for the workers' fund-raising housing projects. Some enterprises will invest the proceeds from the sale of public houses into employee fund-raising housing projects, and should pay back the maintenance fund of public houses by 20% of the proceeds from the sale of public houses. Only then can the land and housing management department handle the registration procedures of housing land ownership for employees. The directly-managed public houses rented by supply and marketing cooperative enterprises will continue to be rented after the restructuring.

-The payment owed by textile enterprises and heavy steel and special steel to supply and marketing cooperative enterprises shall be coordinated by the Municipal Planning Commission, with the active cooperation of the Agricultural Development Bank and the Agricultural Bank of China, and settled by means of advance payment and repayment within a time limit.

—— The bankruptcy of enterprises with difficulties in supply and marketing cooperatives is included in the general bankruptcy plate of local government enterprises and enjoys relevant preferential policies.

-Supply and marketing cooperative enterprises can enjoy the policies and measures related to the reform and development of state-owned enterprises that have been introduced.

(21) Supply and marketing cooperatives and their enterprises at all levels should concentrate their energies, concentrate their efforts, wholeheartedly rely on the masses of workers, regard the reform of property rights system and the opening of cooperatives as the key tasks of reform and development, earnestly do a good job, earnestly achieve results, promote supply and marketing cooperatives to turn losses into profits, and revitalize the cause of supply and marketing cooperation.

June 26(th), 2000