Interim Regulations on the Supervision and Administration of State-Owned Assets of Enterprises

(2003年5月27日中华人民共和国国务院令第378号公布　根据2011年1月8日《国务院关于废止和修改部分行政法规的决定》第一次修订　根据2019年3月2日《国务院关于修改部分行政法规的决定》第二次修订)

(Promulgated by Decree No. 378 of the State Council of the People's Republic of China on May 27, 2003; first revised in accordance with the Decision of the State Council on Abolishing and Amending Certain Administrative Regulations on January 8, 2011; second revised in accordance with the Decision of the State Council on Amending Certain Administrative Regulations on March 2, 2019)

为建立适应社会主义市场经济需要的国有资产监督管理体制，进一步搞好国有企业，推动国有经济布局和结构的战略性调整，发展和壮大国有经济，实现国有资产保值增值，制定本条例。

These Regulations are formulated to establish a state-owned assets supervision and administration system that meets the needs of the socialist market economy, to further improve state-owned enterprises, to promote the strategic adjustment of the layout and structure of the state-owned economy, to develop and strengthen the state-owned economy, and to achieve the preservation and appreciation of state-owned assets.

国有及国有控股企业、国有参股企业中的国有资产的监督管理，适用本条例。

These Regulations apply to the supervision and administration of state-owned assets in wholly state-owned enterprises, state-controlled enterprises, and enterprises with state-owned shares.

金融机构中的国有资产的监督管理，不适用本条例。

The supervision and administration of state-owned assets in financial institutions are not subject to these Regulations.

本条例所称企业国有资产，是指国家对企业各种形式的投资和投资所形成的权益，以及依法认定为国家所有的其他权益。

For the purposes of these Regulations, 'state-owned assets of enterprises' refers to the rights and interests formed by the state's various forms of investment in enterprises, as well as other rights and interests recognized as state-owned in accordance with the law.

企业国有资产属于国家所有。国家实行由国务院和地方人民政府分别代表国家履行出资人职责，享有所有者权益，权利、义务和责任相统一，管资产和管人、管事相结合的国有资产管理体制。

State-owned assets of enterprises belong to the state. The state implements a state-owned assets management system in which the State Council and local people's governments respectively perform the responsibilities of investors on behalf of the state, enjoy owner's rights and interests, unify rights, obligations, and responsibilities, and combine the management of assets with the management of personnel and affairs.

国务院代表国家对关系国民经济命脉和国家安全的大型国有及国有控股、国有参股企业，重要基础设施和重要自然资源等领域的国有及国有控股、国有参股企业，履行出资人职责。国务院履行出资人职责的企业，由国务院确定、公布。

The State Council performs the responsibilities of investors on behalf of the state for large wholly state-owned enterprises, state-controlled enterprises, and enterprises with state-owned shares that are vital to the lifeline of the national economy and national security, as well as for state-owned and state-controlled enterprises and enterprises with state-owned shares in important infrastructure and important natural resources. The enterprises for which the State Council performs investor responsibilities shall be determined and announced by the State Council.

省、自治区、直辖市人民政府和设区的市、自治州级人民政府分别代表国家对由国务院履行出资人职责以外的国有及国有控股、国有参股企业，履行出资人职责。其中，省、自治区、直辖市人民政府履行出资人职责的国有及国有控股、国有参股企业，由省、自治区、直辖市人民政府确定、公布，并报国务院国有资产监督管理机构备案；其他由设区的市、自治州级人民政府履行出资人职责的国有及国有控股、国有参股企业，由设区的市、自治州级人民政府确定、公布，并报省、自治区、直辖市人民政府国有资产监督管理机构备案。

The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, and the people's governments of cities with districts and autonomous prefectures, respectively perform the responsibilities of investors on behalf of the state for wholly state-owned enterprises, state-controlled enterprises, and enterprises with state-owned shares other than those for which the State Council performs investor responsibilities. Among them, the wholly state-owned enterprises, state-controlled enterprises, and enterprises with state-owned shares for which the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government perform investor responsibilities shall be determined and announced by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, and reported to the state-owned assets supervision and administration authority of the State Council for record; other wholly state-owned enterprises, state-controlled enterprises, and enterprises with state-owned shares for which the people's governments of cities with districts and autonomous prefectures perform investor responsibilities shall be determined and announced by the people's governments of cities with districts and autonomous prefectures, and reported to the state-owned assets supervision and administration authority of the people's government of the province, autonomous region, or municipality directly under the Central Government for record.

国务院，省、自治区、直辖市人民政府，设区的市、自治州级人民政府履行出资人职责的企业，以下统称所出资企业。

The enterprises for which the State Council, the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, and the people's governments of cities with districts and autonomous prefectures perform investor responsibilities are hereinafter collectively referred to as 'invested enterprises'.

国务院，省、自治区、直辖市人民政府，设区的市、自治州级人民政府，分别设立国有资产监督管理机构。国有资产监督管理机构根据授权，依法履行出资人职责，依法对企业国有资产进行监督管理。

The State Council, the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, and the people's governments of cities with districts and autonomous prefectures shall respectively establish state-owned assets supervision and administration authorities. The state-owned assets supervision and administration authorities shall, in accordance with authorization, perform the responsibilities of investors in accordance with the law and supervise and administer state-owned assets of enterprises in accordance with the law.

企业国有资产较少的设区的市、自治州，经省、自治区、直辖市人民政府批准，可以不单独设立国有资产监督管理机构。

For cities with districts and autonomous prefectures with relatively few state-owned assets of enterprises, with the approval of the people's government of the province, autonomous region, or municipality directly under the Central Government, a separate state-owned assets supervision and administration authority may not be established.

各级人民政府应当严格执行国有资产管理法律、法规，坚持政府的社会公共管理职能与国有资产出资人职能分开，坚持政企分开，实行所有权与经营权分离。

People's governments at all levels shall strictly implement laws and regulations on the management of state-owned assets, adhere to the separation of the government's social and public management functions from the functions of state-owned assets investors, adhere to the separation of government functions from enterprise management, and implement the separation of ownership from management rights.

国有资产监督管理机构不行使政府的社会公共管理职能，政府其他机构、部门不履行企业国有资产出资人职责。

State-owned assets supervision and administration authorities shall not exercise the government's social and public management functions, and other government agencies and departments shall not perform the responsibilities of investors in state-owned assets of enterprises.

国有资产监督管理机构应当依照本条例和其他有关法律、行政法规的规定，建立健全内部监督制度，严格执行法律、行政法规。

State-owned assets supervision and administration authorities shall, in accordance with the provisions of these Regulations and other relevant laws and administrative regulations, establish and improve internal supervision systems and strictly implement laws and administrative regulations.

发生战争、严重自然灾害或者其他重大、紧急情况时，国家可以依法统一调用、处置企业国有资产。

In the event of war, serious natural disasters, or other major or emergency situations, the state may, in accordance with the law, uniformly call for and dispose of state-owned assets of enterprises.

所出资企业及其投资设立的企业，享有有关法律、行政法规规定的企业经营自主权。

Invested enterprises and the enterprises they invest in and establish shall enjoy the autonomy in enterprise operations provided for by relevant laws and administrative regulations.

国有资产监督管理机构应当支持企业依法自主经营，除履行出资人职责以外，不得干预企业的生产经营活动。

State-owned assets supervision and administration authorities shall support enterprises in operating independently in accordance with the law and shall not interfere in the production and operation activities of enterprises except for performing the responsibilities of investors.

所出资企业应当努力提高经济效益，对其经营管理的企业国有资产承担保值增值责任。

Invested enterprises shall strive to improve economic efficiency and assume the responsibility for preserving and increasing the value of the state-owned assets of enterprises under their management.

所出资企业应当接受国有资产监督管理机构依法实施的监督管理，不得损害企业国有资产所有者和其他出资人的合法权益。

Invested enterprises shall accept the supervision and administration implemented by state-owned assets supervision and administration authorities in accordance with the law and shall not harm the legitimate rights and interests of the owners of state-owned assets of enterprises and other investors.

国务院国有资产监督管理机构是代表国务院履行出资人职责、负责监督管理企业国有资产的直属特设机构。

The state-owned assets supervision and administration authority of the State Council is a special institution directly under the State Council that performs the responsibilities of investors on behalf of the State Council and is responsible for the supervision and administration of state-owned assets of enterprises.

省、自治区、直辖市人民政府国有资产监督管理机构，设区的市、自治州级人民政府国有资产监督管理机构是代表本级政府履行出资人职责、负责监督管理企业国有资产的直属特设机构。

The state-owned assets supervision and administration authorities of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, and the state-owned assets supervision and administration authorities of the people's governments of cities with districts and autonomous prefectures are special institutions directly under the respective governments that perform the responsibilities of investors on behalf of the respective governments and are responsible for the supervision and administration of state-owned assets of enterprises.

上级政府国有资产监督管理机构依法对下级政府的国有资产监督管理工作进行指导和监督。

The state-owned assets supervision and administration authority of a higher-level government shall, in accordance with the law, provide guidance and supervision over the state-owned assets supervision and administration work of lower-level governments.

国有资产监督管理机构的主要职责是：

The main responsibilities of state-owned assets supervision and administration authorities are:

(一)依照《中华人民共和国公司法》等法律、法规，对所出资企业履行出资人职责，维护所有者权益；

(1) To perform the responsibilities of investors for invested enterprises in accordance with the Company Law of the People's Republic of China and other laws and regulations, and to safeguard the rights and interests of owners;

(二)指导推进国有及国有控股企业的改革和重组；

(2) To guide and promote the reform and restructuring of wholly state-owned enterprises and state-controlled enterprises;

(三)依照规定向所出资企业委派监事；

(3) To appoint supervisors to invested enterprises in accordance with regulations;

(四)依照法定程序对所出资企业的企业负责人进行任免、考核，并根据考核结果对其进行奖惩；

(4) To appoint, remove, and assess the enterprise leaders of invested enterprises in accordance with statutory procedures, and to reward or punish them based on the assessment results;

(五)通过统计、稽核等方式对企业国有资产的保值增值情况进行监管；

(5) To supervise the preservation and appreciation of state-owned assets of enterprises through statistics, auditing, and other means;

(六)履行出资人的其他职责和承办本级政府交办的其他事项。

(6) To perform other responsibilities of investors and undertake other matters assigned by the government at the same level.

国务院国有资产监督管理机构除前款规定职责外，可以制定企业国有资产监督管理的规章、制度。

In addition to the responsibilities specified in the preceding paragraph, the state-owned assets supervision and administration authority of the State Council may formulate rules and systems for the supervision and administration of state-owned assets of enterprises.

国有资产监督管理机构的主要义务是：

The main obligations of state-owned assets supervision and administration authorities are:

(一)推进国有资产合理流动和优化配置，推动国有经济布局和结构的调整；

(1) To promote the rational flow and optimal allocation of state-owned assets, and to promote the adjustment of the layout and structure of the state-owned economy;

(二)保持和提高关系国民经济命脉和国家安全领域国有经济的控制力和竞争力，提高国有经济的整体素质；

(2) To maintain and enhance the control and competitiveness of the state-owned economy in areas vital to the lifeline of the national economy and national security, and to improve the overall quality of the state-owned economy;

(三)探索有效的企业国有资产经营体制和方式，加强企业国有资产监督管理工作，促进企业国有资产保值增值，防止企业国有资产流失；

(3) To explore effective operating systems and methods for state-owned assets of enterprises, to strengthen the supervision and management of state-owned assets of enterprises, to promote the preservation and appreciation of state-owned assets of enterprises, and to prevent the loss of state-owned assets of enterprises;

(四)指导和促进国有及国有控股企业建立现代企业制度，完善法人治理结构，推进管理现代化；

(4) To guide and promote wholly state-owned enterprises and state-controlled enterprises in establishing a modern enterprise system, improving corporate governance structures, and advancing management modernization;

(五)尊重、维护国有及国有控股企业经营自主权，依法维护企业合法权益，促进企业依法经营管理，增强企业竞争力；

(5) To respect and safeguard the operational autonomy of wholly state-owned enterprises and state-controlled enterprises, to protect the legitimate rights and interests of enterprises in accordance with the law, to promote enterprises in operating and managing in accordance with the law, and to enhance the competitiveness of enterprises;

(六)指导和协调解决国有及国有控股企业改革与发展中的困难和问题。

(6) To guide and coordinate the resolution of difficulties and problems in the reform and development of wholly state-owned enterprises and state-controlled enterprises.

国有资产监督管理机构应当向本级政府报告企业国有资产监督管理工作、国有资产保值增值状况和其他重大事项。

State-owned assets supervision and administration authorities shall report to the government at the same level on the supervision and administration of state-owned assets of enterprises, the status of preservation and appreciation of state-owned assets, and other major matters.

国有资产监督管理机构应当建立健全适应现代企业制度要求的企业负责人的选用机制和激励约束机制。

State-owned assets supervision and administration authorities shall establish and improve a selection mechanism and an incentive and constraint mechanism for enterprise leaders that meet the requirements of the modern enterprise system.

国有资产监督管理机构依照有关规定，任免或者建议任免所出资企业的企业负责人：

State-owned assets supervision and administration authorities shall, in accordance with relevant regulations, appoint or recommend the appointment of enterprise leaders of invested enterprises:

(一)任免国有独资企业的总经理、副总经理、总会计师及其他企业负责人；

(1) Appoint and remove the general manager, deputy general manager, chief accountant, and other enterprise leaders of wholly state-owned enterprises;

(二)任免国有独资公司的董事长、副董事长、董事，并向其提出总经理、副总经理、总会计师等的任免建议；

(2) Appoint and remove the chairman, vice chairman, and directors of wholly state-owned companies, and make recommendations on the appointment and removal of the general manager, deputy general manager, chief accountant, etc.;

(三)依照公司章程，提出向国有控股的公司派出的董事、监事人选，推荐国有控股的公司的董事长、副董事长和监事会主席人选，并向其提出总经理、副总经理、总会计师人选的建议；

(3) In accordance with the company's articles of association, propose candidates for directors and supervisors to be sent to state-controlled companies, recommend candidates for chairman, vice chairman, and chairman of the board of supervisors of state-controlled companies, and make recommendations on candidates for general manager, deputy general manager, and chief accountant;

(四)依照公司章程，提出向国有参股的公司派出的董事、监事人选。

(4) In accordance with the company's articles of association, propose candidates for directors and supervisors to be sent to companies with state-owned shares.

国务院，省、自治区、直辖市人民政府，设区的市、自治州级人民政府，对所出资企业的企业负责人的任免另有规定的，按照有关规定执行。

If the State Council, the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, or the people's governments of cities with districts and autonomous prefectures have other provisions on the appointment and removal of enterprise leaders of invested enterprises, those provisions shall prevail.

国有资产监督管理机构应当建立企业负责人经营业绩考核制度，与其任命的企业负责人签订业绩合同，根据业绩合同对企业负责人进行年度考核和任期考核。

State-owned assets supervision and administration authorities shall establish a performance assessment system for enterprise leaders, sign performance contracts with the enterprise leaders they appoint, and conduct annual and term assessments of enterprise leaders based on the performance contracts.

国有资产监督管理机构应当依照有关规定，确定所出资企业中的国有独资企业、国有独资公司的企业负责人的薪酬；依据考核结果，决定其向所出资企业派出的企业负责人的奖惩。

State-owned assets supervision and administration authorities shall, in accordance with relevant regulations, determine the remuneration of enterprise leaders of wholly state-owned enterprises and wholly state-owned companies among the invested enterprises; based on the assessment results, decide on rewards and punishments for the enterprise leaders they send to the invested enterprises.

国有资产监督管理机构负责指导国有及国有控股企业建立现代企业制度，审核批准其所出资企业中的国有独资企业、国有独资公司的重组、股份制改造方案和所出资企业中的国有独资公司的章程。

State-owned assets supervision and administration authorities are responsible for guiding wholly state-owned enterprises and state-controlled enterprises in establishing a modern enterprise system, and for reviewing and approving the restructuring and shareholding reform plans of wholly state-owned enterprises and wholly state-owned companies among the invested enterprises, as well as the articles of association of wholly state-owned companies among the invested enterprises.

国有资产监督管理机构依照法定程序决定其所出资企业中的国有独资企业、国有独资公司的分立、合并、破产、解散、增减资本、发行公司债券等重大事项。其中，重要的国有独资企业、国有独资公司分立、合并、破产、解散的，应当由国有资产监督管理机构审核后，报本级人民政府批准。

State-owned assets supervision and administration authorities shall, in accordance with statutory procedures, decide on major matters such as the division, merger, bankruptcy, dissolution, capital increase or decrease, and issuance of corporate bonds of wholly state-owned enterprises and wholly state-owned companies among the invested enterprises. Among them, the division, merger, bankruptcy, or dissolution of important wholly state-owned enterprises and wholly state-owned companies shall be reviewed by the state-owned assets supervision and administration authority and then submitted to the people's government at the same level for approval.

国有资产监督管理机构依照法定程序审核、决定国防科技工业领域其所出资企业中的国有独资企业、国有独资公司的有关重大事项时，按照国家有关法律、规定执行。

When state-owned assets supervision and administration authorities review and decide on relevant major matters of wholly state-owned enterprises and wholly state-owned companies among the invested enterprises in the field of defense science, technology, and industry in accordance with statutory procedures, they shall implement the relevant national laws and regulations.

国有资产监督管理机构依照公司法的规定，派出股东代表、董事，参加国有控股的公司、国有参股的公司的股东会、董事会。

State-owned assets supervision and administration authorities shall, in accordance with the provisions of the Company Law, send shareholder representatives and directors to participate in the shareholders' meetings and board meetings of state-controlled companies and companies with state-owned shares.

国有控股的公司、国有参股的公司的股东会、董事会决定公司的分立、合并、破产、解散、增减资本、发行公司债券、任免企业负责人等重大事项时，国有资产监督管理机构派出的股东代表、董事，应当按照国有资产监督管理机构的指示发表意见、行使表决权。

When the shareholders' meetings and board meetings of state-controlled companies and companies with state-owned shares decide on major matters such as the division, merger, bankruptcy, dissolution, capital increase or decrease, issuance of corporate bonds, and appointment or removal of enterprise leaders, the shareholder representatives and directors sent by the state-owned assets supervision and administration authority shall express opinions and exercise voting rights in accordance with the instructions of the state-owned assets supervision and administration authority.

国有资产监督管理机构派出的股东代表、董事，应当将其履行职责的有关情况及时向国有资产监督管理机构报告。

Shareholder representatives and directors sent by state-owned assets supervision and administration authorities shall promptly report to the state-owned assets supervision and administration authority on the relevant circumstances of their performance of duties.

国有资产监督管理机构决定其所出资企业的国有股权转让。其中，转让全部国有股权或者转让部分国有股权致使国家不再拥有控股地位的，报本级人民政府批准。

State-owned assets supervision and administration authorities decide on the transfer of state-owned equity in their invested enterprises. Among them, the transfer of all state-owned equity or the transfer of part of the state-owned equity resulting in the state no longer having a controlling position shall be submitted to the people's government at the same level for approval.

所出资企业投资设立的重要子企业的重大事项，需由所出资企业报国有资产监督管理机构批准的，管理办法由国务院国有资产监督管理机构另行制定，报国务院批准。

For major matters of important subsidiaries established by invested enterprises that need to be reported by the invested enterprise to the state-owned assets supervision and administration authority for approval, the management measures shall be separately formulated by the state-owned assets supervision and administration authority of the State Council and submitted to the State Council for approval.

国有资产监督管理机构依照国家有关规定组织协调所出资企业中的国有独资企业、国有独资公司的兼并破产工作，并配合有关部门做好企业下岗职工安置等工作。

State-owned assets supervision and administration authorities shall, in accordance with relevant state regulations, organize and coordinate the merger and bankruptcy work of wholly state-owned enterprises and wholly state-owned companies among the invested enterprises, and cooperate with relevant departments in the placement of laid-off workers and other work.

国有资产监督管理机构依照国家有关规定拟订所出资企业收入分配制度改革的指导意见，调控所出资企业工资分配的总体水平。

State-owned assets supervision and administration authorities shall, in accordance with relevant state regulations, formulate guiding opinions on the reform of the income distribution system of invested enterprises and regulate the overall level of wage distribution in invested enterprises.

国有资产监督管理机构可以对所出资企业中具备条件的国有独资企业、国有独资公司进行国有资产授权经营。

State-owned assets supervision and administration authorities may authorize the operation of state-owned assets to wholly state-owned enterprises and wholly state-owned companies among the invested enterprises that meet the conditions.

被授权的国有独资企业、国有独资公司对其全资、控股、参股企业中国家投资形成的国有资产依法进行经营、管理和监督。

The authorized wholly state-owned enterprises and wholly state-owned companies shall, in accordance with the law, operate, manage, and supervise the state-owned assets formed by state investment in their wholly-owned, controlled, and shareholding enterprises.

被授权的国有独资企业、国有独资公司应当建立和完善规范的现代企业制度，并承担企业国有资产的保值增值责任。

Authorized wholly state-owned enterprises and wholly state-owned companies shall establish and improve a standardized modern enterprise system and assume the responsibility for preserving and increasing the value of state-owned assets of enterprises.

国有资产监督管理机构依照国家有关规定，负责企业国有资产的产权界定、产权登记、资产评估监管、清产核资、资产统计、综合评价等基础管理工作。

State-owned assets supervision and administration authorities shall, in accordance with relevant state regulations, be responsible for basic management work such as the definition of property rights of state-owned assets of enterprises, registration of property rights, supervision of asset evaluation, asset verification, asset statistics, and comprehensive evaluation.

国有资产监督管理机构协调其所出资企业之间的企业国有资产产权纠纷。

State-owned assets supervision and administration authorities shall coordinate disputes over property rights of state-owned assets of enterprises among their invested enterprises.

国有资产监督管理机构应当建立企业国有资产产权交易监督管理制度，加强企业国有资产产权交易的监督管理，促进企业国有资产的合理流动，防止企业国有资产流失。

State-owned assets supervision and administration authorities shall establish a supervision and management system for the transaction of property rights of state-owned assets of enterprises, strengthen the supervision and management of the transaction of property rights of state-owned assets of enterprises, promote the rational flow of state-owned assets of enterprises, and prevent the loss of state-owned assets of enterprises.

国有资产监督管理机构对其所出资企业的企业国有资产收益依法履行出资人职责；对其所出资企业的重大投融资规划、发展战略和规划，依照国家发展规划和产业政策履行出资人职责。

State-owned assets supervision and administration authorities shall perform the responsibilities of investors in accordance with the law with respect to the income from state-owned assets of enterprises in their invested enterprises; and perform the responsibilities of investors with respect to major investment and financing plans, development strategies, and plans of their invested enterprises in accordance with national development plans and industrial policies.

所出资企业中的国有独资企业、国有独资公司的重大资产处置，需由国有资产监督管理机构批准的，依照有关规定执行。

The disposal of major assets of wholly state-owned enterprises and wholly state-owned companies among the invested enterprises that requires approval by the state-owned assets supervision and administration authority shall be implemented in accordance with relevant regulations.

国有资产监督管理机构依法对所出资企业财务进行监督，建立和完善国有资产保值增值指标体系，维护国有资产出资人的权益。

State-owned assets supervision and administration authorities shall supervise the finances of invested enterprises in accordance with the law, establish and improve the indicator system for the preservation and appreciation of state-owned assets, and safeguard the rights and interests of investors in state-owned assets.

国有及国有控股企业应当加强内部监督和风险控制，依照国家有关规定建立健全财务、审计、企业法律顾问和职工民主监督等制度。

Wholly state-owned enterprises and state-controlled enterprises shall strengthen internal supervision and risk control, and establish and improve systems such as finance, auditing, corporate legal counsel, and democratic supervision by employees in accordance with relevant state regulations.

所出资企业中的国有独资企业、国有独资公司应当按照规定定期向国有资产监督管理机构报告财务状况、生产经营状况和国有资产保值增值状况。

Wholly state-owned enterprises and wholly state-owned companies among the invested enterprises shall regularly report to the state-owned assets supervision and administration authority on their financial status, production and operation status, and the status of preservation and appreciation of state-owned assets in accordance with regulations.

国有资产监督管理机构不按规定任免或者建议任免所出资企业的企业负责人，或者违法干预所出资企业的生产经营活动，侵犯其合法权益，造成企业国有资产损失或者其他严重后果的，对直接负责的主管人员和其他直接责任人员依法给予行政处分；构成犯罪的，依法追究刑事责任。

If a state-owned assets supervision and administration authority fails to appoint or recommend the appointment of enterprise leaders of invested enterprises in accordance with regulations, or illegally interferes with the production and operation activities of invested enterprises, infringes upon their legitimate rights and interests, and causes losses to state-owned assets of enterprises or other serious consequences, the directly responsible supervisors and other directly responsible persons shall be given administrative sanctions in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

所出资企业中的国有独资企业、国有独资公司未按照规定向国有资产监督管理机构报告财务状况、生产经营状况和国有资产保值增值状况的，予以警告；情节严重的，对直接负责的主管人员和其他直接责任人员依法给予纪律处分。

If a wholly state-owned enterprise or wholly state-owned company among the invested enterprises fails to report its financial status, production and operation status, and the status of preservation and appreciation of state-owned assets to the state-owned assets supervision and administration authority in accordance with regulations, a warning shall be given; if the circumstances are serious, the directly responsible supervisors and other directly responsible persons shall be given disciplinary sanctions in accordance with the law.

国有及国有控股企业的企业负责人滥用职权、玩忽职守，造成企业国有资产损失的，应负赔偿责任，并对其依法给予纪律处分；构成犯罪的，依法追究刑事责任。

If an enterprise leader of a wholly state-owned enterprise or state-controlled enterprise abuses power or neglects duty, causing losses to state-owned assets of the enterprise, he/she shall bear compensation liability and shall be given disciplinary sanctions in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

对企业国有资产损失负有责任受到撤职以上纪律处分的国有及国有控股企业的企业负责人，5年内不得担任任何国有及国有控股企业的企业负责人；造成企业国有资产重大损失或者被判处刑罚的，终身不得担任任何国有及国有控股企业的企业负责人。

An enterprise leader of a wholly state-owned enterprise or state-controlled enterprise who is responsible for losses to state-owned assets of the enterprise and has been given a disciplinary sanction of removal from office or above shall not serve as an enterprise leader of any wholly state-owned enterprise or state-controlled enterprise within five years; if he/she has caused major losses to state-owned assets of the enterprise or has been sentenced to criminal punishment, he/she shall be permanently prohibited from serving as an enterprise leader of any wholly state-owned enterprise or state-controlled enterprise.

国有及国有控股企业、国有参股企业的组织形式、组织机构、权利和义务等，依照《中华人民共和国公司法》等法律、行政法规和本条例的规定执行。

The organizational forms, organizational structures, rights, and obligations of wholly state-owned enterprises, state-controlled enterprises, and enterprises with state-owned shares shall be implemented in accordance with the Company Law of the People's Republic of China and other laws, administrative regulations, and the provisions of these Regulations.

国有及国有控股企业、国有参股企业中中国共产党基层组织建设、社会主义精神文明建设和党风廉政建设，依照《中国共产党章程》和有关规定执行。

The construction of grassroots organizations of the Communist Party of China, the construction of socialist spiritual civilization, and the construction of a clean and honest party style in wholly state-owned enterprises, state-controlled enterprises, and enterprises with state-owned shares shall be implemented in accordance with the Constitution of the Communist Party of China and relevant regulations.

国有及国有控股企业、国有参股企业中工会组织依照《中华人民共和国工会法》和《中国工会章程》的有关规定执行。

Trade union organizations in wholly state-owned enterprises, state-controlled enterprises, and enterprises with state-owned shares shall be implemented in accordance with the Trade Union Law of the People's Republic of China and the Constitution of the Chinese Trade Unions.

国务院国有资产监督管理机构，省、自治区、直辖市人民政府可以依据本条例制定实施办法。

The state-owned assets supervision and administration authority of the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate implementation measures in accordance with these Regulations.

本条例施行前制定的有关企业国有资产监督管理的行政法规与本条例不一致的，依照本条例的规定执行。

If administrative regulations on the supervision and administration of state-owned assets of enterprises formulated before the implementation of these Regulations are inconsistent with these Regulations, the provisions of these Regulations shall prevail.

政企尚未分开的单位，应当按照国务院的规定，加快改革，实现政企分开。政企分开后的企业，由国有资产监督管理机构依法履行出资人职责，依法对企业国有资产进行监督管理。

Units where the separation of government functions from enterprise management has not yet been achieved shall accelerate reform in accordance with the provisions of the State Council to achieve the separation of government functions from enterprise management. After the separation of government functions from enterprise management, the state-owned assets supervision and administration authority shall perform the responsibilities of investors in accordance with the law and supervise and administer the state-owned assets of enterprises in accordance with the law.

本条例自公布之日起施行。

These Regulations shall come into force on the date of promulgation.