The term "rural collective assets" as mentioned in these Regulations refers to the assets collectively owned by village farmers, including resource assets, operating assets and non-operating assets.
The term "rural collective economic organizations" as mentioned in these Regulations refers to community cooperative economic organizations established by village collective members on the basis of collective ownership of means of production. Third rural collective assets are protected by law, and no unit or individual may infringe upon them. Article 4 Rural collective economic organizations, on behalf of the collective, exercise the right to possess, use, benefit and dispose of the assets legally owned by the collective, manage the collective assets, develop the collective resources, develop the collective economy and serve the collective members.
Rural collective economic organizations have not been established, and rural collective assets are managed by villagers' committees. Villagers' committees that give full play to the management function of rural collective assets should respect and reflect the wishes of collective members, and safeguard and safeguard their legitimate rights and interests according to the ownership of collective land and collective assets.
Rural collective economic organizations accept the leadership of rural grassroots organizations in China, support and cooperate with the work of villagers' committees, participate in the construction of rural communities, and provide material and financial support for the development of rural community undertakings. Article 5 The local people's governments at or above the county level shall strengthen their leadership over the management of rural collective assets within their respective administrative areas, clarify the responsibilities of the management departments, and establish and improve the supervision and guidance system.
The Township People's Government shall strengthen the supervision over the management of rural collective assets within its jurisdiction, and make clear that the corresponding working institutions and staff are responsible for supervision, guidance, service and rights protection.
The sub-district offices under the jurisdiction of villages and agriculture-related communities shall exercise the functions of the Township People's Government as prescribed in the preceding paragraph. Sixth provinces, districts, cities and counties (cities, districts) in charge of rural collective assets in accordance with the provisions of relevant laws and regulations, responsible for the guidance, coordination, service and supervision of rural collective assets management within their respective administrative areas.
The relevant departments of the local people's governments at or above the county level shall, according to their respective responsibilities, give guidance, support and services to the management and operation of rural collective assets, and supervise them according to law. Chapter II Rural Collective Economic Organizations and Members Article 7 In the establishment of rural collective economic organizations, under the leadership of rural grass-roots party organizations, villagers' committees may set up working groups, formulate establishment plans and draft articles of association, and organize their implementation under the guidance and supervision of township people's governments.
The articles of association are adopted at the inaugural meeting of rural collective economic organizations, and their organizations are elected according to the articles of association.
The name of a rural collective economic organization can be a village (community) economic cooperative or a village (community) stock economic cooperative. Article 8 The articles of association of rural collective economic organizations shall conform to the Constitution, laws, regulations and national policies, and shall not contain any content that infringes upon the personal rights, democratic rights and lawful property rights of members of rural collective economic organizations. The articles of association formulated, revised and adopted shall be reported to the Township People's Government for the record.
The articles of association shall specify the following items:
(1) Name and domicile;
(2) Scope of duties;
(3) Information on assets;
(4) Conditions and procedures for obtaining, retaining and losing membership;
(5) Rights and obligations of members;
(6) Organizational structure and its rules of procedure;
(seven) the composition of the general assembly and the way to produce and replace the representatives of the general assembly;
(8) Financial management system;
(9) Income distribution system;
(10) Merger, division and dissolution;
(11) Procedures for amending the Articles of Association;
(12) open system;
(13) Other related matters. Article 9 Rural collective economic organizations shall, in accordance with the relevant provisions of the state, apply to the competent department of rural collective assets at the county level for registration, obtain the organization registration certificate, go through the relevant procedures such as opening a bank account, and carry out business management activities according to law. Article 10 The organizational structure of rural collective economic organizations consists of members' congresses or representatives' congresses, councils and supervisors.
Members of the board of directors and the board of supervisors of rural collective economic organizations shall not concurrently serve as members of the board of supervisors, and financial personnel and their close relatives and close relatives of board members shall not concurrently serve as members of the board of supervisors. Eleventh rural collective economic organizations shall submit the following matters to the members (representatives) general assembly for discussion and decision:
(1) Amending the Articles of Association.
(two) the merger, division and dissolution of rural collective economic organizations;
(three) the reform plan of rural collective economic organizations, the land contract plan and the confirmation plan of rural collective economic organizations;
(four) the allocation plan of funds such as collective land expropriation or expropriation compensation, and the use plan of reserved land;
(5) Economic development plan, production and operation plan, capital construction investment plan, annual financial budget and final accounts and income distribution plan;
(6) Using, lending, borrowing or guaranteeing a large amount of funds;
(7) Creditor's rights and debts with a relatively large amount;
(eight) major changes in the property rights of collective assets;
(9) Other matters stipulated in the Articles of Association.