各省、自治区、直辖市人民政府，国务院各部委、各直属机构：
People's governments of the province, autonomous region and municipality directly under the Central Government, ministries and commissions of the State Council, and organizations directly under the State Council:
党的十五大以来，各地区、各部门按照建立社会主义市场经济体制的要求，加快企业改革步伐，取得了一定的成效。
Since the conclusion of the 15th National Congress of the Party, all localities and departments have made some achievements in quickening enterprise restructuring in accordance with the requirements of establishing the socialist market economic system.
但是，在国有中小企业和集体企业改制过程中，不少地方出现了借企业改制之机悬空、逃废金融债务的现象。
However, in the course of the structural reform of medium- and small-sized state-owned enterprises and collective enterprises, quite a few localities present the phenomenon of taking enterprise restructuring as an opportunity to suspend, evade or reject financial debts.
这种行为严重破坏了社会信用关系，致使金融机构大量债权悬空，信贷资产质量下降，国有资产流失。
This activity has seriously undermined the social credit relations and resulted in a large quantity of suspended creditor's rights in financial institutions, as well as a drop in quality of credit assets and drain on state-owned assets.
为规范国有中小企业和集体企业的改制工作，防范和制止各种逃废金融债务行为，切实保护金融机构合法权益，防范金融风险，现就在国有中小企业和集体企业改制过程中加强金融债权管理的有关问题通知如下：
For the purposes of standardizing the structural reform work in medium- and small-sized state-owned enterprises and collective enterprises, preventing and curbing acts of evading or rejecting financial debts in various forms, conscientiously protecting the legitimate rights and interests of financial institutions, and taking precautions against financial risks, this Circular regarding strengthening the administration of financial creditor's rights in the structural reform of medium- and small-sized state-owned enterprises and collective enterprises is hereby issued as follows:
一、切实加强对企业改制的指导和监督
1.
To Strengthen Conscientiously the Guidance and Supervision over Enterprise Restructuring
各地区、各部门要从大局出发，认真贯彻落实国家关于企业改制的有关政策、措施，切实加强对国有中小企业和集体企业改制工作的指导和监督，规范企业改制行为，坚决制止各种逃废金融债务行为。
All localities and departments should proceed with the general interests, conscientiously carry out state policies and measures for enterprise restructuring, strengthen the guidance and supervision over the structural reform work in medium- and small-sized state-owned enterprises and collective enterprises, standardize behaviors in enterprise restructuring, and resolutely curb acts of evading and rejecting financial debts in various forms.
各地人民政府要高度重视本地区企业改制中金融债权保全工作，积极支持金融机构做好金融债权管理工作，严禁包庇和纵容改制企业的逃废金融债务行为。
Local people's governments should attach great importance to the preservation of financial creditor's rights in enterprise restructuring of their respective regions and lend strong support to financial institutions in the administration of their financial creditor's rights; they are strictly prohibited from shielding and conniving at the acts of evading and rejecting financial debts committed by enterprises in the restructuring.
二、改制企业要依法落实金融债务
2.
To Confirm Financial Debts According to law by Enterprises in the Restructuring
国有中小企业和集体企业改制工作，要严格执行国家有关法律、政策以及中国人民银行、国家经贸委、国有资产管理局《关于防止银行信贷资产损失的通知》（银发〔１９９４〕４０号）的规定。
The structural reform of medium- and small-sized state-owned enterprises and collective enterprises shall be carried out in strict accordance with relevant state laws and policies as well as the provisions of the Circular Concerning Prevention of Drain on Bank Credit Assets (Yinfa [1994] No.40) promulgated by the People's Bank of China, the State Economic and Trade Commission and the Administration of State Property.
企业在改制过程中，不论采取何种方式进行改制，都必须充分尊重金融机构保全金融债权的意见，依法落实金融债务。
All enterprises must devote their whole attention to financial institutions' views on the preservation of their creditor's rights in the restructuring and confirm financial debts according to law, no matter whatever forms of the restructuring they will adopt.
金融债权债务未落实的企业不得进行改制，有关部门不得为其办理有关改制审批和登记手续，也不得颁发新的营业执照。
Those enterprises whose financial debts have not yet been confirmed shall not start the restructuring work and departments concerned shall not handle formalities for examination and approval of their restructuring and registration and shall not renew their business licenses.
在本通知下达之前已经发生逃废金融债务的改制企业，必须立即纠正并重新确立金融债权债务关系。
Evasion and rejection of financial debts occurring in the restructuring of enterprises before the issuance of this Circular must be corrected without delay and the financial creditor-debtor relationship must be reestablished.
三、金融机构要积极参与企业改制工作，依法维护金融债权安全
3.
To Take an Active Part in Enterprise Restructuring and Maintain the Safety of Financial Creditor's Rights According to Law by Financial Institutions
国有中小企业和集体企业改制工作涉及金融机构债权时，必须有债权金融机构参加；
The structural reform of medium- and small-sized state-owned enterprises and collective enterprises shall require the participation of financial institutions if their creditor's rights have been involved.
金融机构要严格监督改制企业的清产核资和资产评估等工作。
The financial institutions should exercise strict supervision over the verification and evaluation of assets in the restructuring of enterprises.
各金融机构要认真落实金融债权保全责任制，加大债权清收力度，制定相应措施，切实维护金融债权的安全，并将金融债权保全情况定期向中国人民银行报告。
All financial institutions should conscientiously practice a responsibility system for the preservation of financial creditor's rights, make a great effort to check up and confirm creditor's rights, maintain the safety of financial creditor's rights in real earnest, and report at regular intervals the preservation of financial creditor's rights to the People's Bank of China.
对悬空、逃废金融债务严重的地区，各债权金融机构应降低对该地区分支机构的授信等级。
For those regions where financial debts are suspended, evaded and rejected seriously, all financial institutions having claims on these financial debts should lower the credit grades of their branches in the regions.
四、认真做好改制企业的资产评估和产权登记工作
4.
To Do a Good Job in the Evaluation of Assets and Registration of Property Rights of the Enterprises in the Restructuring
国有中小企业和集体企业改制，必须经过严格的资产评估和审核；
The structural reform of medium- and small-sized state-owned enterprises and collective enterprises must be subjected to the strict evaluation and verification of their assets.
国有中小企业改制的资产评估结果要经承担国有资产管理职能的部门确认。
With regard to medium- and small-sized state-owned enterprises, results of assets evaluation shall be submitted to the department in charge of state property administration for confirmation.
按照《企业国有资产产权登记管理办法》（国务院令第１９２号）规定，国有中小企业改制发生产权变动时，应申请办理产权变更登记手续。
In accordance with provisions of the Measures for the Registration of State Property Rights of Enterprises (Decree No.192 of the State Council), formalities for registration of change in property rights should be completed in case of any change in property rights in the restructuring of medium- and small-sized state-owned enterprises.
有关部门在办理产权变更登记手续时，应要求改制企业提交有关金融机构出具的金融债权保全文件。
In handling formalities for registration of change in property rights, relevant departments should require the restructured enterprises to present the document for the preservation of financial creditor's rights that is issued by the financial institutions concerned.
国务院承担国有资产管理职能的部门要加强对资产评估机构的管理和监督，认真做好改制企业的资产确认和评估工作，严禁将改制企业的国有资产人为低估和无偿量化分配给个人。
The department of the State Council in charge of state property administration should step up the administration and inspection of assets evaluation agencies, conscientiously ensure the confirmation and evaluation of assets for the restructured enterprises, and impose strict prohibitions against the distribution of state property to individuals by means of intentional underrating or free apportioning of assets of restructured enterprises.