第一条 为保障全民所有制经济的巩固和发展,明确全民所有制工业企业的权利和义务,保障其合法权益,增强其活力,促进社会主义现代化建设,根据《中华人民共和国宪法》,制定本法。
Article 1.
This Law is formulated in accordance with the Constitution of the People's Republic of China with a view to ensuring the consolidation and development of the economic sector under ownership by the whole people, defining the rights and obligations of industrial enterprises owned by the whole people, safeguarding their lawful rights and interests, enhancing their vitality and promoting socialist modernization.
第二条 全民所有制工业企业(以下简称企业)是依法自主经营、自负盈亏、独立核算的社会主义商品生产和经营单位。
Article 2.
An industrial enterprise owned by the whole people (hereinafter referred to as the enterprise) shall be a socialist commodity production and operation unit which shall, in accordance with law, make its own managerial decisions, take full responsibility for its profits and losses and practise independent accounting.
企业的财产属于全民所有,国家依照所有权和经营权分离的原则授予企业经营管理。
The property of the enterprise shall be owned by the whole people, and shall be operated and managed by the enterprise with the authorization of the state in line with the principle of the separation of ownership and managerial authority.
The enterprise shall enjoy the rights to possess, utilize and dispose of, according to law, the property which the state has authorized it to operate and manage.
企业对国家授予其经营管理的财产享有占有、使用和依法处分的权利。
The property of the enterprise shall be owned by the whole people, and shall be operated and managed by the enterprise with the authorization of the state in line with the principle of the separation of ownership and managerial authority.
The enterprise shall enjoy the rights to possess, utilize and dispose of, according to law, the property which the state has authorized it to operate and manage.
企业依法取得法人资格,以国家授予其经营管理的财产承担民事责任。
The enterprise shall obtain the status of a legal person in accordance with law and bear civil liability with the property which the state has authorized it to operate and manage.
企业根据政府主管部门的决定,可以采取承包、租赁等经营责任制形式。
The enterprise may, in accordance with the decision of the competent department of the government, adopt contract, leasing or other forms of the system of managerial responsibility.
第三条 企业的根本任务是:根据国家计划和市场需求,发展商品生产,创造财富,增加积累,满足社会日益增长的物质和文化生活需要。
Article 3.
The fundamental task of the enterprise shall be the development of commodity production, creation of wealth, increase of savings and satisfaction of society's growing material and cultural requirements by acting in line with state plans and market demands.
第四条 企业必须坚持在建设社会主义物质文明的同时,建设社会主义精神文明,建设有理想、有道德、有文化、有纪律的职工队伍。
Article 4.
While achieving socialist material growth, the enterprise must persistently promote socialist cultural and ideological progress and build up a contingent of well-educated and self-disciplined staff and workers with high ideals and moral integrity.
第五条 企业必须遵守法律、法规,坚持社会主义方向。
Article 5.
The enterprise must observe the laws and regulations and keep to the socialist orientation.
第六条 企业必须有效地利用国家授予其经营管理的财产,实现资产增殖;依法缴纳税金、费用、利润。
Article 6.
The enterprise must effectively utilize the property which the state has authorized it to operate and manage and realize the multiplication of its assets; the enterprise must, according to law, pay taxes and fees and hand in profits.
第七条 企业实行厂长(经理)负责制。
Article 7.
The enterprise shall implement the system whereby the factory director (manager) assumes overall responsibility for the work of the enterprise.
厂长依法行使职权,受法律保护。
The factory director shall exercise functions and powers according to law, which shall be protected by law.
第八条 中国*在企业中的基层组织,对党和国家的方针、政策在本企业的贯彻执行实行保证监督。
Article 8.
The grassroots organization of the Chinese Communist Party in the enterprise shall guarantee and supervise the implementation of the guiding principles and policies of the Party and the state in the enterprise.
第九条 国家保障职工的主人翁地位,职工的合法权益受法律保护。
Article 9.
The state shall ensure that the staff and workers enjoy the status of the masters, and the lawful rights and interests of the staff and workers shall be protected by law.
第十条 企业通过职工代表大会和其他形式,实行民主管理。
Article 10.
The enterprise shall, through the staff and workers' congress and other forms, practise democratic management.
第十一条 企业工会代表和维护职工利益,依法独立自主地开展工作。
Article 11.
The trade union in the enterprise shall represent and safeguard the interests of the staff and workers and conduct its work independently according to law.
The trade union in the enterprise shall organize the staff and workers for participation in democratic management and democratic supervision.
企业工会组织职工参加民主管理和民主监督。
Article 11.
The trade union in the enterprise shall represent and safeguard the interests of the staff and workers and conduct its work independently according to law.
The trade union in the enterprise shall organize the staff and workers for participation in democratic management and democratic supervision.
企业应当充分发挥青年职工、女职工和科学技术人员的作用。
The enterprise shall bring into full play the role of the young staff and workers, the women staff and workers and scientific and technical personnel.
第十二条 企业必须加强和改善经营管理,实行经济责任制,推进科学技术进步,厉行节约,反对浪费,提高经济效益,促进企业的改造和发展。
Article 12.
The enterprise must strengthen and improve its operation and management, implement the economic responsibility system, promote scientific and technological progress, practise economy, combat waste, improve economic results and further its own transformation and development.
第十三条 企业贯彻按劳分配原则。
Article 13.
The enterprise shall implement the principle of distribution according to work.
It may also adopt other forms of distribution within the scope prescribed by law.
在法律规定的范围内,企业可以采取其他分配方式。
Article 13.
The enterprise shall implement the principle of distribution according to work.
It may also adopt other forms of distribution within the scope prescribed by law.
第十四条 国家授予企业经营管理的财产受法律保护,不受侵犯。
Article 14.
The property which the state has authorized the enterprise to operate and manage shall be protected by law and shall not be infringed upon.
第十五条 企业的合法权益受法律保护,不受侵犯。
Article 15.
The lawful rights and interests of the enterprise shall be protected by law and shall not be infringed upon.
第二章 企业的设立、变更和终止
CHAPTER II THE ESTABLISHMENT, MODIFICATION AND TERMINATION OF THE ENTERPRISE