Are employees working in state-owned forest farms considered state employees or collective employees? After restructuring and becoming an investment limited company, will the identity of the employees

Are employees working in state-owned forest farms considered state employees or collective employees? After restructuring and becoming an investment limited company, will the identity of the employees change?

The employees of state-owned forest farms are established by public institutions and are not allowed to change the nature of the unit. The identity of employees cannot be changed at will. Forest farms are classified as three types of public institutions (public institutions are managed by enterprises, but they are essentially related to the enterprise). difference), please refer to the "Measures for the Management of State-owned Forest Farms" as follows:

Measures for the Management of State-owned Forest Farms

Chapter 1 General Provisions

Article 1 is to strengthen state-owned forest farms These measures are formulated in accordance with the Forest Law of the People's Republic of China and other relevant laws and regulations to manage, safeguard the legitimate rights and interests of state-owned forest farms, ensure the smooth progress of the reform of state-owned forest farms, and promote the scientific development of state-owned forest farms.

Article 2 The establishment, change, division, merger, cancellation of state-owned forest farms and the operation and management of state-owned forest farms within the territory of the People’s Republic of China and the People’s Republic of China shall comply with these Measures.

The term “state-owned forest farms” as mentioned in these Measures refers to forestry institutions with independent legal personality established by the state to specialize in afforestation, forest cultivation, protection and utilization.

Article 3 The forestry department of the State Council is responsible for the management of state-owned forest farms across the country, and its state-owned forest farm management agencies are responsible for specific work.

The forestry departments of the local people's governments at or above the county level are responsible for the management of their state-owned forest farms in accordance with their administrative affiliations. The specific work is the responsibility of their state-owned forest farm management agencies.

State-owned forest farms across prefectures (cities) and counties (cities, districts) are managed by the forestry authorities at the same level as the one above the region.

Article 4 The main responsibilities of state-owned forest farm management agencies are:

(1) Formulate and implement relevant laws and regulations on state-owned forest farms;

(2) Coordinate the preparation of state-owned forest farm development plans;

(3) Organize the preparation and review and approve state-owned forest farm forest management plans and state-owned forest farm forest felling and tending operation designs in conjunction with the resource management department;

(4) Review the establishment, change, division, merger, and cancellation of state-owned forest farms;

(5) Be entrusted to supervise the forest resource assets of state-owned forest farms;

(6) Be entrusted Approval or filing of forest resource asset assessments of state-owned forest farms;

(7) Guiding, inspecting and assessing the production and operation activities of state-owned forest farms;

(8) Other duties stipulated in laws and regulations.

Article 5: State-owned forest farms implement the policy of “silviculture-based, ecological priority, rational utilization, and sustainable development”, and their main tasks are to cultivate and protect forest resources and maintain national ecological security and timber safety; Carry out scientific experiments and technological innovation, promote advanced technology; protect forestry ecological and cultural resources, and promote the harmonious development of man and nature.

Article 6: State-owned forest resources within the business scope of state-owned forest farms belong to the state and are operated and managed by state-owned forest farms in accordance with the law. No unit or individual may arbitrarily surrender, merge, occupy or reconcile state-owned forest resources, and may not occupy or destroy state-owned forest resources in any form.

The ownership relationships of collective forest lands and trees operated and managed by state-owned forest farms should be clearly defined, and the stability of the management area and the legitimate rights and interests of forest rights holders should be maintained in accordance with the law.

Article 7 The forestry authorities at or above the county level shall, in accordance with administrative affiliations, organize the preparation of development plans for state-owned forest farms, and clarify the development direction, main tasks and construction goals of state-owned forest farms. Various forestry construction funds should focus on state-owned forest farms to support the development of state-owned forest farms.

Article 8 The infrastructure construction of state-owned forest farms should be included in the capital construction plans of governments at all levels and the development plans of related industries.

Article 9: State-owned forest farms are encouraged to expand their business scope and scale through various methods.

Article 10 Forestry authorities at all levels should strengthen the training of cadres and employees of state-owned forest farms and improve the comprehensive quality of cadres and employees of state-owned forest farms.

Chapter 2 Establishment, Change and Cancellation

Article 11 The establishment of state-owned forest farms shall be subject to review or approval by the provincial forestry authorities, and the provincial forestry authorities shall report to the State Council Registration with forestry authorities.

In areas with a large number of state-owned forest farms, a state-owned forest farm administration or general farm should be established to uniformly organize the production and operation of state-owned forest farms.

Article 12 A newly established state-owned forest farm shall have clear forest land ownership and clear boundaries, and shall have legal and valid forest land ownership certification materials.

Article 13. After the establishment of a state-owned forest farm is approved, it shall handle the legal person registration of a public institution in accordance with the law.

Article 14 The business scope and affiliation of state-owned forest farms shall remain stable and shall not be changed without authorization; if it is indeed necessary to separate, merge, cancel, change the business scope or change the affiliation, the original approval procedures shall be followed Report to the original authority that approved the establishment for review and approval.

When a state-owned forest farm is divided, merged, canceled, changed its business scope or changed its affiliation, it shall conduct resource evaluation and economic audit, clear up claims and debts in accordance with the law, clearly divide responsibilities, and protect forest resources and other state-owned assets.

Article 15 Enterprise forest management units or joint-stock forest farms controlled by state-owned forest farms that comply with the provisions of Article 12 of these Measures may be included in the series of state-owned forest farms with the approval of the forestry authorities at or above the provincial level. manage.

Chapter 3 Forest Resource Management and Protection

Article 16 State-owned forest farms shall protect and rationally utilize forest resources in accordance with the law and maintain national ecological security and timber safety. Forest farms with conditions can adopt the method of leasing collective forest land for afforestation management to expand the scale of forest resources. When leasing collective forest land, a written lease contract shall be signed to clarify the rights and obligations of both parties and protect the legitimate rights and interests of both parties.

Article 17 State-owned forest farms should vigorously promote advanced and practical new technologies in forestry, accelerate the pace of tending young and middle-aged forests, vigorously develop precious timber species, actively cultivate large-diameter trees, and continuously improve the quality of forest resources.

Article 18 State-owned forest farms shall conduct forest resource surveys in accordance with national regulations, establish forest resource files, improve the dynamic monitoring system of forest resources, and understand the development and changes of forest resources.

Article 19 State-owned forest farms shall prepare forest management plans based on the long-term forestry development plan, forestland protection and utilization plan, and overall requirements for classified forestry management, combined with the actual situation of the site, and submit them to the forestry authorities at or above the county level for approval. implemented later. Among them, the forest management plans of state-owned forest farms that occupy more than 50% of the forest area in cross-regional (municipal) state-owned forest farms, provincial state-owned forest farms and public welfare forests at or above the provincial level shall be reviewed and approved by the forestry authorities at or above the provincial level.

Adjustments to the forest management plan must be submitted to the original approving authority for review and approval.

State-owned forest farms should establish and improve forest management files.

Article 20 When logging in state-owned forest farms, they shall strictly implement national forest logging quotas, tree felling license systems and technical regulations for afforestation, forestation, felling and regeneration, and carry out reforestation in accordance with the law. As a state-owned forest farm with separate felling quota establishment units, the annual felling quota shall be separately listed in the felling permit indicators by the provincial forestry authorities.

Article 21 Strictly control the occupation of state-owned forest land by construction projects. For construction projects involving the occupation of forest land in state-owned forest farms, the state-owned forest farm management agencies of the forestry authorities at or above the provincial level shall participate in the feasibility assessment of the project.

Article 22 The establishment of forest parks, wetland parks, nature reserves, scenic spots, geological parks, etc. within the scope of state-owned forest farms must be reviewed and approved by the state-owned forest farm management agencies of the forestry authorities at or above the provincial level. , submit for approval according to prescribed procedures. Among them, the establishment of scenic spots, geological parks, etc. shall not change the ownership of forest land use rights of state-owned forest farms, and the income distribution method shall be clearly defined.

Article 23 State-owned forest farms should strengthen the protection of forest resources, rationally divide areas, establish forest protection stations, improve forest protection organizations, equip forest management and protection personnel, clarify management and protection responsibilities, and ensure the effectiveness of management and protection.

Article 24 State-owned forest farms shall, in accordance with national regulations on forest fire prevention, strengthen the construction of forest fire prevention facilities and equipment, establish forest protection and fire prevention organizations, form professional forest fire fighting teams, formulate fire emergency plans, and establish and improve various fire prevention and control systems. Implement the forest fire prevention system, do a good job in fire source management, and organize fire fighting.

Article 25 State-owned forest farms shall be equipped with forest prevention technical personnel according to the needs of forestry pest prevention and control, strengthen forestry pest prevention and control infrastructure, establish quarantine and forecasting systems, and strengthen forestry pest prevention and control work.

Article 26 State-owned forest farms may be equipped with law enforcement personnel according to work needs to strengthen forestry law enforcement and protect forest resource assets.

Article 27: State-owned forest farms shall protect wild plants within the scope of their operation and management; national or local key protected wild plants, ancient and famous trees, etc. shall be registered and archived, and management shall be strengthened.

Article 28: State-owned forest farms shall protect wild animals within the scope of their operation and management; for wild animals under national or local key protection, corresponding protective measures shall be taken to maintain the environment for their survival and reproduction.

Article 29: Forest public security organs may, based on work needs, set up public security agencies in state-owned forest farms to strengthen the protection of forest resources.

Chapter 4 Rights and Obligations

Article 30 State-owned forest farms shall enjoy the following management rights in accordance with the law:

(1) According to the long-term forestry development plan and forestry The business plan formulates annual production and operation plans, determines construction projects and production scale;

(2) Operates and sells wood, forest products and other products produced on site in accordance with market demand and in accordance with the law;

(3) Protect and rationally develop and utilize various resources within the business scope of state-owned forest farms in accordance with the law;

(4) Protect and rationally develop and utilize the forest parks, wetland parks, nature reserves, and scenic spots within the business scope of the state-owned forest farms in accordance with the law; Scenic spots, geological parks, etc. shall be managed in a unified manner;

(5) Determine the organizational structure, personnel deployment, appointment and dismissal of cadres, labor employment, and salary and bonus distribution in accordance with relevant national regulations and local work needs;

p>

(6) Other rights stipulated in laws and regulations.

Article 31 Units and individuals engaged in production, operation and other activities in state-owned forest farms shall submit to the unified management of state-owned forest farms, abide by relevant regulations of state-owned forest farms, and shall not damage trees and facilities in state-owned forest farms. ,equipment.

Article 32 No unit or individual may apportion, collect funds or charge fees arbitrarily from state-owned forest farms. The state-owned forest farms have the right to refuse any illegal fund-raising, fees or apportionment from state-owned forest farms and may appeal to relevant authorities in accordance with the law.

Article 33 If a dispute arises between a state-owned forest farm and other units or individuals over the ownership of forest land or trees, the two parties to the dispute shall resolve it through consultation. If negotiations fail, the matter shall be handled by the people's government at or above the county level in accordance with the law. State-owned forest farms should report disputes to provincial forestry authorities in a timely manner.

Article 34 State-owned forest farms shall strengthen the protection and management of state-owned forest resources to ensure the stable growth of state-owned forest resources.

Article 35: State-owned forest farms shall not provide any form of guarantee to other units and individuals with the state-owned forest resource assets they operate.

Article 36: State-owned forest farms should establish and improve various internal rules and regulations and strictly conduct independent economic accounting.

Article 37 State-owned forest farms shall strictly abide by state regulations on finance, taxation, labor wages, etc., and accept the supervision of finance, taxation, auditing and other agencies.

Article 38 State-owned forest farms shall implement relevant social security policies for employees and participate in various social insurances in accordance with relevant regulations.

Chapter 5 Organizational Structure

Article 39: State-owned forest farms implement a farm director responsibility system.

The directors of state-owned forest farms are elected through appointment, appointment or election by the workers’ congress. The specific generation method shall be determined by the competent authority. After the director of a state-owned forest farm is elected, he shall report to the provincial forestry department for registration.

Article 40 The farm director is responsible for managing the production, operation and other work of the state-owned forest farm, and exercises the following powers:

(1) Organize and implement the farm’s business policies, long-term plans and annual plans Plan;

(2) Propose or decide on the establishment and adjustment of the site management organization;

(3) Propose to the administrative department to appoint or dismiss site management personnel according to law;

(4) Appoint or dismiss forest farm staff other than those who should be appointed or dismissed by the administrative department in accordance with the law, and report to the administrative department for record in accordance with relevant regulations;

(5) Organize the formulation of wages Adjustment, fund use, financial budget and final accounts and other plans and important rules and regulations. Submit to the workers' congress to review and decide on major matters related to employee welfare.

(6) Determine the site’s job responsibility system and contract responsibility system plans.

(7) Other powers that need to be exercised by the director.

Article 41: State-owned forest farms implement a personnel management system for public institutions with the employment system and job management system as the main content, and implement an income distribution system based on job performance pay. State-owned forest farms should scientifically set up positions based on the main tasks they undertake, clarify job responsibilities and conditions, openly recruit personnel in accordance with relevant personnel policies, and implement competitive recruitment, merit-based recruitment, fixed remuneration based on position, and contract management.

Article 42 State-owned forest farms shall establish and improve the workers’ congress system or workers’ conference system and implement democratic management. The workers' congress is the basic form of democratic management in state-owned forest farms and is the organization for workers to exercise their democratic management rights. Major matters related to the interests of employees, such as state-owned forest farm reform plans, wage adjustment plans, and housing allocation plans, must be reviewed and approved by the employees' congress.

Article 43 State-owned forest farms shall establish trade union organizations in accordance with the law, carry out trade union activities, and safeguard the legitimate rights and interests of employees.

Article 44: State-owned forest farms shall, based on actual conditions, establish corresponding financial, human resources, forest resource management, forest protection and fire prevention and other departments as well as management and protection stations (points) and observation towers within their jurisdiction, And equipped with appropriate personnel.

Article 45 Enterprises run by state-owned forest farms shall operate in accordance with market mechanisms and establish independent legal entities for operation. The forest farms shall perform the responsibilities of investors and enjoy the rights and interests of owners.

Chapter 6 Supplementary Provisions

Article 46: Each provincial forestry administrative department may formulate management measures for state-owned forest farms in its region and submit them to the forestry administrative department of the State Council for filing.

Article 47 The forestry administrative department of the State Council is responsible for the interpretation of these Measures.

Article 48 These Measures shall come into effect from the date of promulgation.