China is expected to clarify the legal
responsibility of those who make state assets lost through
management buyouts (MBO) in small and medium-sized state-owned
enterprises at low prices.
The Property Rights Law draft under consideration
by China 's top legislature says that administrative staff
in small and medium-sized state-owned enterprises must bear
the civil, administrative or even criminal liabilities if
they transfer the ownership of the public property by buying
stocks or selling companies at low prices, which lead to
the public assets loss.
The law aims to protect the state-owned assets, which are
the economic pillar in China, according to an official with
the National People's Congress (NPC) Standing Committee.
In small and medium-sized state-owned enterprises, MBO reform
is allowed but strictly regulated by the a draft regulation
issued in April this year.
While MBO has been increasingly used to
make state-owned companies into private ones in recent years,
managers were often found cheating or engaged in malpractice
damaging the interests of employees, investors and financial
institutions but bringing themselves private gains.
According to official statistic, China losses 40 billion
yuan (4.8 billion US dollars) of state-owned assets annually.
There are tens of trillions yuan of state-owned assets under
the supervision of governments at all levels in the country.
The loss of the state-owned assets has triggered
dissatisfaction and condemnation across the country, as
many companies' employees appealed to the governments for
intervention.
"Standardizing the MBO by enacting a law is significant
as it is a stride forward in the property rights reform
of China's state-owned companies," said Li Shuguang,
professor of China University of Political Science and Law.
Source: Xinhua