Relevant minutes (Guo Yue [1999] No.33 1 May 9991)

1999 April 10, Vice Premier Wu Bangguo of the State Council hosted a meeting in Liaoyang City on the issue of partial closure and bankruptcy of non-ferrous metals and coal enterprises in Liaoning Province. Deputy Secretary-General the State Council wrote poems, and responsible comrades from State Economic and Trade Commission, Ministry of Finance, Ministry of Labor and Social Security, People's Bank of China, National Research Office, Coal Bureau, Nonferrous Metals Bureau, Ministry of Industry, Industrial and Commercial Bank of China and Liaoning Province attended the meeting. Report and explanation on the implementation of the letter [1999] 19 (General Office [1999], hereinafter referred to as the "Opinions") by Sheng Huaren, Minister of State Ministry of Economic Relations and Trade, and Zhang Guoguang, Liaoning Province.

The work of semi-closed or bankrupt non-ferrous metals and some coal enterprises held at this meeting involves a wide range, and it is difficult to resettle employees. In the process of formulating the Opinions, the Liaoning Provincial Party Committee, the provincial government, the State Economic and Trade Commission and other departments have done a lot of work and made some progress, but there are also some specific problems that need further study and solution. After study, the meeting agreed to the following opinions:

1. Compensation Standard for On-the-job Employees (I) 1 986 July1,and the notice issued by the former Ministry of Education after work (No.481994 issued by the Ministry of Labor) stipulate that the unit that has worked for one year is equivalent to one month's salary for economic compensation of various allowances.

(2) Before the implementation of the labor contract system, employees participated in the work of the whole people, according to the relevant notice of the State Council on the bankruptcy of state-owned enterprises in some cities, for trial implementation (Guo Fa [1994] No.59) and the Supplementary Notice of the State Council on the pilot merger, bankruptcy and re-employment of state-owned enterprises in some cities (Guo Fa [1997]1).

Second, on the issue of pensions for retirees.

(1) For retirees who are in arrears with their pensions, the transfer of the pension insurance industry should be coordinated in advance, verified by the Ministry of Labor and Social Security and the Ministry of Finance, and the social insurance institutions should be in arrears in one industry, so as to solve the overall balance of the pension insurance fund industry in the central financial account. The local government is responsible for solving the transfer of arrears of industrial endowment insurance. Coal, the pension gap in the province.

(b) Coordination on Non-ferrous Metals The industrial proposal of Liaoning Province was decentralized. In view of the fact that the competent department requires the proportion of coal extracted by pension fund companies to be included in the cost, the loss-making enterprises have also approved the loss-making central financial subsidies, and the power of the base coal enterprises has been decentralized. Therefore, the loss of the approved central financial subsidy should be used first, including the gap of the basic old-age insurance fund; Non-ferrous metal enterprises shall refer to these measures. The specific measures shall be formulated by the Ministry of Finance in conjunction with the Ministry of Labor and Social Security, the Coal Bureau and the Liaoning Nonferrous Metals Development Department. If you still want to make up the difference, go to the Ministry of Finance and the Ministry of Labor and Social Security. the State Council decided to propose a solution.

(3) In the overall project of the closure or bankruptcy of the basic old-age insurance and medical insurance funds of problematic enterprises, 25% and 6% of the service personnel are calculated according to the annual total salary in 10 respectively, and then only half (considering 50% of the personnel, employees who need to be re-employed) are paid to social insurance institutions. In addition to coordinating the project cost, it should also be considered in principle. In view of the heavy burden of closure of key coal enterprises and non-ferrous metal mines in Liaoning Province, the Ministry of Finance, the Ministry of Labor and Social Security and the Ministry of Education of Liaoning Province will give a one-time appropriate subsidy account to the balance of the supplier industry coordination fund in the central finance.

Third, enterprises that are in arrears with wages are dealt with in accordance with relevant laws and regulations, and in principle, they are subsidized by the central government. If a wage-closed enterprise is in arrears, the enterprise itself is not a legal person, and it will be gradually resolved through a legal person; The enterprise itself is a legal person and goes bankrupt according to the practice of the enterprise. The central government will give appropriate subsidies to enterprises with greater difficulties.

Fourth, the expropriation of enterprises or bankruptcy involves the placement of collective employees (including mixed employees)

Responsible for resettlement according to the Opinions and relevant laws and regulations of the local government.

5. Is it related to the bankruptcy of the overall loan project?

Better efficiency makes the three coal mines together, and independent enterprises can continue to operate and retain them; To protect them from heavy losses, and when the enterprise goes bankrupt, the proceeds from independent liquidation can be used as the property of the bankrupt enterprise to pay employees and other expenses, and the rest will be paid according to the Regulations of People's Republic of China (PRC) on Enterprise Bankruptcy (for Trial Implementation) (hereinafter referred to as the Bankruptcy Law).

Six years later, Fushun Mining Bureau dealt with the bank debt problem of Longkuang.

After the closure according to the requirements of the Opinions, the Mining Bureau and the Provincial Coal Bureau negotiated with the Industrial and Commercial Bank of China, and Kim Jong Il stopped the implementation of the household closure according to 65.438+0.2 billion yuan.

7. For enterprises with bankrupt state-owned public facilities, compensation shall be paid for the transfer and closure or organized workers fleeing from the living facilities of schools, hospitals, public utilities and other units, and the bankrupt enterprises shall be handed over to the local government. According to the fact that the closed or bankrupt enterprises actually paid for three years last year, the central government gave a one-time subsidy. The central government will not make necessary adjustments to the water, electricity and heating fees of enterprises.

After 8 people, the project funds and other sources needed for closing or resettling bankrupt enterprises.

When the bankrupt enterprise closes down, the first valuable project for operating land for employee resettlement expenses is realized by assets; If the subsidy does not approve the losses of the central financial enterprises (after deducting the fixed costs of coal enterprises, it will not recover the indicators from other coal enterprises for more than three years), then the central financial subsidy will be enough. In the specific operation, we should pay attention to avoid the loss of subsidies and "marry two women". Other expenses stipulated by the local government.

Nine. Enterprise management problem

After the closure of the enterprise, driven by the bank's non-recourse debts and creditor's rights, please ask the State Council Legislative Affairs Office to formulate relevant regulations or measures for closing the enterprise as soon as possible. Before the promulgation of regulations or measures, enterprises that have been closed with the approval of the State Council shall be executed by the competent department responsible for organizing the implementation of enterprises with reference to the Bankruptcy Law and Supplementary Notice. Relevant provisions of the court applicable to liquidation in judicial protection.