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published in(发表于) 2016/4/6 6:19:41
Wuhan old state-owned enterprises asset loss and correction of the Government 12 years to no avail

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Wuhan serious Government correction 12-year old state-owned enterprises asset loss inconclusive | | | error-correction _ the Government state-owned enterprises news
2004 years ago two papers on the system reform of Guan Sheng yuan, Wuhan food company

Authorities wide nets of Wuhan, April 6 (reporter Guan Xin Zuo Aifu), according to voice of the news vertical and horizontal reports, Guan Sheng yuan, Wuhan food company is one of the old state-owned enterprises of Hubei province. In 2001, already poor enterprises, jianghan district, Wuhan Guan Sheng yuan, due to start reforming State-owned enterprises insolvency after Guan Sheng yuan to company assets transfer agreement with Tim. In 2004, media chaos after exposure of violations existing in the system reform of Guan Sheng yuan, Wuhan Municipal Government set up a joint investigation team to investigate. Wuhan Municipal Commission for discipline inspection issued a determination, Guan Sheng yuan reform some illegal operations, jianghan district authorities for reforming supervision, abuse of authority, such as a serious omission, as a problem. 1 persons sentenced outside, 5 persons subject to party discipline.


That year, Wuhan municipal government as a typical case in the city's development "case law" campaign, warning Government departments at all levels of education administration according to law, learn from them. And issue a rectification notification, asking the jianghan District Government to correct the problems in system reform of Guan Sheng yuan, urging the parties to sign an agreement to ensure that no loss of State-owned assets. But after 12 years, the municipal government and discipline files are reduced to "dead letter". When illegal restructuring State-owned enterprises, so far have not been correct. Millions of State-owned assets loss correction cost increases. Why appoint the ghostly 12 error correction?


  Guan Sheng yuan is now legal representative: every day only to see State-owned assets loss


Site of Guan Sheng yuan in North Lake West Road, jianghan district, is now a bustling downtown. Vine plant scene, it is difficult to match and the surrounding environment. Old building near the streets of workers, a layer of simple decoration of the facade after businesses, operating a variety of trading. In this low, older workers in the building, still inhabited by many older workers of Guan Sheng yuan. Restructuring brought the year's violation and loss of State assets, we have no interest. The Guan Sheng yuan, Chairman of the Trade Union's legal representative Tang Xing said: "the loss of State assets, for employees to know! Heart is clear, but he could do nothing. ”


Guan Sheng yuan loss of State-owned assets, the recovery, and the staff did not have any relationship. In accordance with the policy of resettlement workers that year, some workers 591 price per year, buyouts, and the enterprise labor relations; paid 280 Yuan per month for living expenses, social security hosted by the company until retirement. More than 10 years in the past, most employees have been placed, to restore calm. Guan Sheng yuan arise after the restructuring of the interests of the game, still anchao.


Original Guan Sheng yuan Yang Benjian, Secretary of said that when the Government-led restructuring of State-owned enterprises, and finally go the wrong direction. He doesn't think reform is successful, when the State-owned assets have largely been divvied up.


Wuhan City Commission for discipline inspection found that the Guan Sheng yuan enterprises eventually became pure land transfer Act. Land transfer prices are not based on land appraisal prices, but apply the preferential policies for restructuring and ground fixtures of the unevaluated value of 7.09 million, land transfer also understates the 1.4 acres of land area. Knowing violation, authorities district restructuring Commission, the economic and Trade Commission, the compensation for land prices, Declaration of property right transfer, credit and debt, as well as in enterprises ' staff-placement failed approval, or even fraud.


State-owned asset valuation of more than 36 million, billion of bank debt, was added by the reform party group in a clever way, evading Bank debts, low get Guan Sheng yuan, 20 of the more than 13 million acres of State-owned land and real estate. Guan Sheng yuan's legal representative Tang Xing said, Face the music, they have looked at the loss of State assets on a daily basis. He said, "We also know that the loss of State assets, but nothing. We don't have that. City file I didn't see which Department in the implementation of, the loss of State assets, the superior knows. ”


  Authorities said nothing


Jianghan district as Guan Sheng yuan is now in charge of sector-economic and information technology Bureau said, could do nothing about it. Zhang Zhixiong, Deputy Director, "said Municipal Commission for discipline inspection has said very clearly on the documents. As the competent authority, I see no ability to solve. For example changes in property rights, is the city's land planning Bureau responsible for. District leaders in retirement for many years, and ultimately why not correct, I think you're going to ask the Planning Council. ”


Wuhan Bureau of land resources and planning has said that the inconvenience to comment, reforming State-owned enterprises is mainly dominated by the District Government, jianghan district government contacts for journalists. Jianghan District Government of less than six months in Office Deputy Director Wang Shanding, media inquiry, is also full of bitterness. He said violations left reform with the interests of the two companies dispute. "I come here three or four months, and was kept in for these two enterprises (headaches). A say it is against reform, one says it's building, there is the staff. If my notes, I have a 70% of energy here. ”


Originally, through illegal means, violation made Guan Sheng yuan added the core assets of the company, after the land transfer procedures, mortgage loans from a Bank of 10 million. But more than 13 million paid to Guan Sheng yuan, has not been paid, still more than 3 million, brought greater resistance to resettlement workers. Reason is that land there is a Guan Sheng yuan "made off" gas station.


Guan Sheng yuan and Tim signed before the asset transfer agreement, Guan Sheng yuan for stimulating effective assets, and three oil companies earlier signed a joint development agreement. Sanfeng at extremely low prices and guanshengyuan contract leased 3 acres of land, 30 years of the lease, Shen Jian gas station. Although the follow-up of relevant documents were readily available, but due to historical reasons, Mitutoyo has no pre-planning procedures.


  Irregularities arise after the restructuring of commercial disputes


2002 get Guan Sheng yuan of land and real estate procedures add to the company, would like to develop real estate. Get 30 gas stations of the land lease is a stumbling block. Both run into conflicts of interest. Jianghan district of economy and information technology Bureau Deputy Director Zhang Zhixiong introduction, "it was because of this nonsense, do not turn off the gas station, added the company refuse to pay the balance, Guan Sheng yuan. We add companies to find, was reform, resettlement workers have no money. We, as the competent authority, can not push, only borrow funds to relieve the costs of resettlement workers. ”


Reporter learned that, from June 2003 to 2005 alone, jianghan District Government paid for this 10.21 million, to house workers and solve the remaining issues. This year, reform of violation error has not been corrected, so every day in loss of State-owned assets. Zhang Zhixiong said, "old factory building rent must be State-owned assets, but we are no way, now ' syndrome ' in Tim hands, he said he was. Mitutoyo Corporation rentals is not to add to the company, and two certificates are added to the company, we cannot accept. ”


A person familiar with the matter said the local government, over the years, added to company and three stations fighting game using a variety of force, reporting on each other. Jianghan District Government Office Deputy Director Wang Shanding said in an interview, "so more than 10 years, they did not stop the two companies. Coordination of Government has been doing. ”


To defuse the dispute, jianghan District Government was intended to be three gas station relocation, but no gas stations reserve land within the area, only to give up. Correction of the violation to add company restructuring, the Government intends to purchase, through feasibility assessment that is not high. Error correction into knots, both grievances than most.


San feng Han Dayun gas station General Manager said after the 2004 restructuring of Wuhan Municipal Commission for discipline inspection found violations, this matter has been calm until 2013 planning, fire services, city when he told law enforcement to their stations.


Han Dayun complained, "adds to the company's restructuring is against reform, why is the Government not to pursue? The urban management Bureau put on my door, there is no administrative notification. ”


Government insiders, urban management Bureau of law enforcement, but because of higher pressure, authorities know the enemy, demolitions of gas stations is not serious.


Correct knots and really hard to unlock it? National People's Congress, the State-owned assets law drafting group member, CUPL capital finance Research Institute President Liu Ji Peng believes that "the practice of correct SASAC district level in Wuhan, the inherent administrative effectiveness, also have the force of law. This thing must be corrected itself, this is not in line with the program, clear the event of the sale of State-owned assets. ”


Liu Ji Peng also said, Guan Sheng yuan violations restructuring of case, has typical meaning, on now new a round of State-owned enterprises reform still has revelation, should decisive to corrected, and in not legal must redemption of based Shang, take must of administrative means, mandatory recovered, not exists with three Feng company, with added to company consultations of problem, adjustment process in the, on two home company of funds paid be consider, according to must of market, loss give compensation.


Violation details of restructuring, journalist contacts added to two principals of the company, still no reply. Reporters found, the Court held that, when Liao Futing has repeatedly received the jianghan district restructuring Commission Director Tim offered, for its annexation of Guan Sheng yuan, Han silk shops and other businesses with ease. Liu Fu Ting other acts of corruption, the Court ruled its 2 years in prison.


Illegal change of fault, was sentenced, still easy to correct. Are you other motives behind it? System reform of Guan Sheng yuan violation, leaving historical grievances, and ultimately who is paying? After the Wuhan Municipal Commission for discipline inspection's supervision was like? The voice of China will continue to focus on.


Source: authorities wide nets



Responsible editor: Wang Hao





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State-owned Government correction

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武汉老字号国企资产流失严重 政府纠错12年无果|国企|政府|纠错_新闻资讯
2004年前关于武汉冠生园食品公司改制的两个文件

  央广网武汉4月6日消息(记者 管昕 左艾甫)据中国之声《新闻纵横》报道,武汉冠生园食品公司是湖北省一家老字号国有企业。2001年,已是武汉江汉区特困企业的冠生园,因资不抵债启动国企 改制,之后,冠生园同添地公司签订资产转让协议。2004年,媒体对冠生园改制中存在的违规乱象曝光后,武汉市政府成立联合调查组展开调查。武汉市纪委发文认定,冠生园改制存在企业违规操作,江汉区有关部门对改制监管不力、滥用职权等严重不作为、乱作为问题。1人被判刑外,5名责任人员受到党纪处理。


  当年,武汉市政府以此为典型案例,在全市范围展开“以案学法”活动,教育警示各级政府部门依法行政,吸取教训。并发出整改通报,要求江汉区政府 对冠生园改制存在的问题进行纠正,督促各方重新签订相关协议,确保国有资产不流失。但十二年过后,市政府和纪委的文件均沦为“一纸空文”。当年的国企违规 改制,至今都未得到纠错。上千万国有资产仍在流失,纠错成本逐年增大。为何纪委盖棺定论十二年难纠错?


  冠生园现法人代表:只能看着国有资产每天在流失


  冠生园在江汉区北湖西路上的厂址,如今已是繁华闹市。厂区残败的景象,很难和周围的环境相匹配。破旧的职工楼临近街道,一层的门面经过商户的简 单装修,经营着各式买卖。在这栋低矮的老式职工楼里,仍住着不少冠生园的老职工。提起当年的违规改制和国有资产流失,大家已没什么兴趣。原冠生园工会主 席、现法人代表唐星说:“国有资产流失,对职工来说,晓得!心里是明白的,但是他无能为力。”


  冠生园流失的国有资产,能否追回,已和职工们没有任何关系。按照当年的职工安置政策,有的职工以每年591元的价格,买断工龄,和企业解除劳动 关系;有的每月可领取280元的生活费,社保由企业托管直到退休。十多年过去,大多职工已得到基本安置,生活恢复平静。而冠生园改制引发的利益博弈,仍在 暗潮涌动。


  原冠生园党委书记杨本建说,当年以政府为主导的国企改制,最后走偏了方向。他认为改制是不成功的,当时国有资产基本上都被瓜分了。


  武汉市纪委认定,冠生园的企业改制最终变成单纯的土地转让行为。土地转让价格又没按土地评估价格计算,而是套用改制优惠政策,且未计算价值 709万的地面附着物,土地转让中还少算了1.4亩的土地面积。明知违规,主管部门区体改委、区经贸委对土地补偿价格、申报产权转让、债权债务处理,以及 企业职工安置等方面,违规审批,甚至弄虚作假。


  原来估价3600多万的国有资产,上亿的银行债务,被参与改制方添地集团以巧妙方式,逃避了银行债务,以1300多万的低价拿到冠生园的20亩 国有土地及房产。冠生园现法人代表唐星说,面对现状,他们只能看着国有资产每天都在流失。他说,“我们也晓得国有资产流失,但是管不了。我们企业没有那个 力度。市里的文件,我没见到哪个部门在执行,国有资产流失的事情,上级也知道。”


  主管部门称无能无力


  作为冠生园现在的主管部门--江汉区经济和信息化局表示,对此无能为力。副局长张志雄表示,“市纪委的文件上已经说的很清楚了。作为主管部门, 我觉得没有能力来解决。例如产权的变更,是由市国土规划局来负责的。区里的领导都退休好多年了,最终为啥没纠正,我觉得你还是问问规划局。”


  武汉市国土资源和规划局却表示,他们不便对此发表意见,国企改制主要由区政府主导,让记者联系江汉区政府。刚上任不满半年的江汉区政府办副主任 王善鼎,面对媒体的追问,也是一肚子苦水。他表示,违规改制留下的是两家企业的利益纠纷。“我来这三四个月,就不停地在为这两家企业(伤脑筋)。一个说它 是违法改制,一个说它是违章建筑,还有就是职工。如果查我的工作记录,我有70%的精力都在这里。”


  原来,通过非法手段,违规取得冠生园核心资产的添地公司,办完土地过户手续后,就向银行抵押贷款一千万。而应付给冠生园的1300多万,至今还没有付完,还差300多万,给职工安置带来较大阻力。理由是,冠生园的土地上有座“拆不掉”的加油站。


  冠生园和添地公司签订资产转让协议之前,冠生园为盘活有效资产,早与三丰石油公司签订合作开发协议。三丰以极低的价格和冠生园签订合同,租赁其3亩地,租期30年,申建加油站。虽然后续的相关证件一应俱全,但由于历史原因,三丰至今没有前置的规划手续。


  违规改制引发商业纠纷


  2002年拿到冠生园土地、房产手续的添地公司,想在此开发地产。而拿到30年土地租赁权的加油站是绊脚石。双方因此陷入利益纠纷。江汉区经济 和信息化局副局长张志雄介绍,“当时就因为这个扯皮,不把加油站关了,添地公司就拒付冠生园的余款。我们找添地公司也要过,当时正改制,职工安置没有钱不 行的。我们作为主管部门,不能推,只能拆借资金来调剂职工安置的费用。”


  记者了解到,仅2003年6月至2005年,江汉区政府就为此事垫付了1021万,用于安置职工及解决企业遗留问题。这么年来,违规改制的错一 直未能纠正,国有资产也因此每天都在流失。张志雄说,“老厂房的房租肯定是国有资产,但是我们现在苦于没有办法,现在‘两证’在添地公司手上,他说那是他 的。三丰公司的租金也没有交给添地公司,两证是添地公司的,我们又不能收。”


  当地政府一位知情人士透露,多年来,添地公司和三丰加油站明争暗斗,动用各种力量博弈,互相举报。江汉区政府办副主任王善鼎接受采访时也表示,“这么十几年,他们两家企业没有消停过。政府也一直在做协调。”


  为化解纠纷,江汉区政府曾打算将三丰加油站迁建,但因辖区内没有可建加油站的储备土地,只能放弃。而对添地公司违规改制的纠错,区政府打算收购,经过评估认为可行性不高。纠错因此陷入死结,两家企业积怨较深。


  三丰加油站总经理韩大运称,2004年武汉市纪委认定改制违规后,此事一直风平浪静,直到2013年,规划、消防、城管突然要对其加油站进行执法。


  韩大运抱怨,“添地公司的改制是违法改制,为什么政府不追究?城管局把我的门围上,到现在没有一个行政告知书。”


  有政府知情人士透露,城管局的执法,只是迫于上级压力,相关部门知道其中的恩怨,对加油站的强拆不是动真格。


  纠错的死结真的难以解开吗?全国人大《国有资产法》起草组成员、中国政法大学资本金融研究院院长刘纪鹏认为,“武汉市纠正区一级国资委的做法,本身既有行政效力,也有法律效力。这件事情本身就必须应该纠正,这是一桩不符合程序,明显贱卖国有资产的事件。”


  刘纪鹏还表示,冠生园违规改制的案子,具有典型意义,对当下新一轮的国企改革仍有启示,应该果断地纠正,并且在不合法必须赎回的基础上,采取一 定的行政手段,强制性收回,不存在跟三丰公司,跟添地公司协商的问题,调整过程中,对两家公司的资金报酬予以考虑,按照一定的市价,损失给予补偿。


  就违规改制的相关细节,记者多次联系添地公司两位主要负责人,始终无人回复。记者调查发现,法院认定,时任江汉区体改委主任廖府庭曾多次收受添地公司贿赂,为其兼并冠生园、江汉绸布商店等企业提供方便。加之廖府庭其他贪腐行为,法院判决其2年有期徒刑。


  违规改制的错,有人被判决,依然难纠正。背后是否另有隐情?冠生园违规改制,留下的历史恩怨,最终是谁在埋单?武汉市纪委之后对此事的督导是怎样的?中国之声将继续关注。


  来源:央广网



责任编辑:王浩成





文章关键词:
国企 政府 纠错

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