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MEASURES FOR THE ADMINISTRATION OF DEVELOPMENT STRATEGIES AND PLANS OF CENTRAL-STATE-OWNED ENTERPRISES (TRIAL) |
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(Order of the State-owned Assets Supervision and Administration Commission of the State Council (No. 10), November 26, 2004: The Measures for the Administration of Development Strategies and Plans of Central-State-Owned Enterprises (Trial), which were deliberated and adopted at the 21st executive meeting of the State-owned Assets Supervision and Administration Commission of the State Council, are hereby promulgated and shall come into force as of January 1, 2005.)
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SUBJECT : CENTRAL-STATE-OWNED ENTERPRISES |
ISSUING DEPARTMENT : THE STATE-OWNED ASSETS SUPERVISION AND ADMINISTRATION COMMISSION OF THE STATE COUNCIL OF THE PEOPLE'S REPUBLIC OF CHINA |
ISSUE DATE : 11/26/2004 |
IMPLEMENT DATE : 01/01/2005 |
LENGTH : 963 words |
TEXT : |
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Article 1. The present Measures are formulated pursuant to laws and regulations such as the Company Law of the People's Republic of China and the Interim Regulations on the Supervision and Administration of State-Owned Assets of Enterprises for the purposes of regulating the formulation and administration of development strategies and plans of central enterprises, improving the scientificity and democracy of development strategies and plans of central enterprises and performing the contributor's duties according to law.
Article 2. The central-state-owned enterprises (hereinafter referred to the enterprises) referred to in the present Measures are enterprises for which the State-owned Assets Supervision and Administration Commission (hereinafter referred to the SASAC) performs the contributor's duties.
Article 3. The development strategies and plans of the enterprises referred to in the present Measures are the directional, holistic and overall orientation, development goals and the corresponding plans for implementation for a given future time, which are made by the enterprises for the purpose of long-term existence and development thereof pursuant to the national development planning and industrial policies as well as on the basis of the analysis of the status quo and trends of exterior environment and interior conditions.
Article 4. The administration of development strategies and plans of the enterprises shall refer to the examination and approval of the formulation procedure, the contents and the supervision over the implementation of the development strategies and plans of the enterprises by the SASAC in accordance with the law and on the strength of the contributor's duties.
Article 5. The SASAC shall abide by the following principles for the administration of development strategies and plans of the enterprises:
(1) to perform the contributor's duties in accordance with the law;
(2) to respect the legitimate rights and interests of the enterprises;
(3) to promote the strategic adjustment of the layout and structure of the state-owned economy, and instruct the enterprises to carry out their structural adjustments;
(4) to be objective, impartial, scientific and to plan as a whole; and
(5) to enhance work efficiency, obey professional ethics, and strictly keep state secrets and business secrets.
Article 6. The enterprises shall determine the working organs in charge of the formulation of development strategies and plans, establish the corresponding work systems and report to the SASAC for archival filing.
Article 7. An enterprise shall formulate the development strategy and plan thereof pursuant to the prescriptions of the present Measures. An enterprise may, if possible, set up a policy-making committee of development strategy and plan.
Article 8. The development strategy and plan of an enterprise shall include a medium-term development plan of three to five years and a long-term goal of ten years. The priority of formulation shall be given to the development plan of the three to five years, which shall implement rolling adjustment timely according to the changes and development of exterior environment and interior conditions of the enterprise.
Article 9. A development strategy and plan of an enterprise shall mainly include:
(1) the status quo and developmental environment, which include the basic information, analysis of development environment and competitive capacity of the enterprise;
(2) development strategies and guiding ideology;
(3) development goals;
(4) the emphasis of development and adjustment and plans for implementation for three years;
(5) safeguard measures for the implementation of the plan; and
(6) any other item required.
Article 10. When working out the development strategy and plan, an enterprise may refer to the General Outline for Formulation of the Development Strategies and Plans of Central Enterprises as formulated by the SASAC and may make proper adjustments according to the actual conditions but the items as put forward thereby shall be contained.
Article 11. An enterprise shall submit the draft of development strategy and plan within the time limit as specified by the SASAC. The contents submitted shall include the draft text of development strategy and plan and the instructions of formulation.
Article 12. The SASAC shall conduct the examination and approval on the drafts of development strategies and plan of the enterprise and feed back the examination and approval opinions to the enterprise within the time limit.
Article 13. The SASAC shall examine and approve the content of a development strategy and plan submitted by an enterprise mainly in the following aspects:
(1) whether or not it complies with the national development planning and industrial policies;
(2) whether or not it complies with the strategic adjustment of the layout and structure of the state-owned economy;
(3) whether or not it gives the prominent place to the main business or promotes the core competitive capacity of the enterprise; and
(4) whether or not the principles of "giving priority to efficiency" and "sustainable development" have been adhered to.
Article 14. A solely state-owned enterprise or solely state-owned company shall amend the development strategy and plan pursuant to the examination and approval opinions of the SASAC.
Article 15. The stockholders' representatives and directors as assigned by the SASAC in the state controlling and state holding enterprises shall sufficiently state examination and approval opinions of the SASAC at the shareholders' meetings or boards of directors of the enterprises.
Article 16. An enterprise shall submit an official text of the development strategy and plan to the SASAC for archival filing after making revisions on the development strategy and plan in accordance with the internal decision-making procedures.
Article 17. During the course of implementing the development strategy and plan, an enterprise shall formulate an annual plan, make contrastive evaluation between the executive conditions and the development targets and make adjustments timely.
Article 18. The SASAC shall bring the targets and implementation of development strategies and plans of enterprises into the operation achievement assessments it shall conduct on the central enterprises principals.
Article 19. The present Measures shall come into force as of January 1, 2005.
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