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 shall, on behalf of the collective, exercise the right to possess, use, profit from 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.
If no rural collective economic organization has been established, the villagers' committee shall act as the agent for the management of rural collective assets. The villagers' committee acting as the management function of rural collective assets shall respect and embody the wishes of collective members and safeguard and safeguard their legitimate rights and interests according to the ownership of collective land and the ownership of collective assets.
Rural collective economic organizations accept the leadership of the grassroots organizations of the China Producer Party in rural areas, 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 of the management of rural collective assets within its jurisdiction, and clarify that the corresponding working institutions and staff are responsible for the supervision, guidance and service, and the maintenance of rights and interests.
Sub-district offices under the jurisdiction of villages and agriculture-related communities shall exercise the functions of township people's governments 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.
Relevant departments of 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 carry out supervision according to law. Chapter II Rural Collective Economic Organizations and Members Article 7 In establishing 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 establishment meeting of rural collective economic organizations shall adopt the articles of association, and its organizational structure shall be 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;
(four) the conditions and procedures for the acquisition, retention and loss of membership;
(5) Rights and obligations of members;
(6) Organizational structure and its rules of procedure;
(seven) the composition of the members' congress and the way to produce and replace the representatives of the members' congress;
(8) Financial management system;
(9) Income distribution system;
(ten) merger, division and dissolution;
(11) Procedures for amending the Articles of Association;
(12) Open system;
(thirteen) other related matters. Article 9 Rural collective economic organizations shall, in accordance with the relevant provisions of the state, apply for registration in the county-level rural collective assets department, 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 is composed of members' congresses or members' congresses, councils and supervisors.
Members of the board of directors of rural collective economic organizations and members of the board of supervisors 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 serve as members of the board of supervisors. Eleventh the following matters within the rural collective economic organizations shall be submitted 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' joint-stock cooperative system, the land contract plan and the confirmation plan of rural collective economic organizations;
(four) the allocation plan of collective land expropriation or expropriation compensation and other funds, 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;
(seven) a large amount of creditor's rights and debts;
(eight) major changes in the property rights of collective assets;
(9) Other matters stipulated in the Articles of Association.