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State-Owned Assets in Enterprises Law of China (2008)

企业国有资产法

Type of laws Law

Issuing body Standing Committee of the National People's Congress

Promulgating date Oct 28, 2008

Effective date May 01, 2009

Validity status Valid

Scope of application Nationwide

Topic(s) Corporate Law/Enterprise Law

Editor(s) C. J. Observer

The State-Owned Assets in Enterprises Law was promulgated in 2008 and entered into force on May 1, 2009.

There are 77 articles in total.

The key points are as follows:

1.The state-owned assets in enterprises refers to rights and interests arising from the state’s capital contributions of all types to enterprises. (Article 2)

2.The state-invested enterprises refers to wholly state-owned enterprises, wholly state-owned companies, state-controlled companies and partly state-owned companies to which the state contributes capital. (Article 5)

3.The State-owned Assets Supervision and Administration Commission under the State Council and state-owned assets supervision and administration organs established by local governments perform investors’ duties for state-invested enterprises on behalf of the governments at the same level. (Article 11)

4.Any transfer of state-owned assets shall be conducive to the strategic adjustment of the distribution and structure of the state sector of China’s economy, shall prevent any loss of state-owned assets, and shall not harm the legitimate interests of any party to the transfer. (Article 52)

5.Where, in the course of any transaction involving a related party, the transfer of state-owned assets, or any other matter, the parties concerned collude maliciously with each other to harm the interests of the owner of the state-owned assets concerned, the relevant transaction shall be invalid. (Article 72)

This English translation comes from the NPC Website. In the near future, a more accurate English version translated by us will be available on China Laws Portal.