Guo Fa [2065438+06] No.7
People's governments of all provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions and institutions directly under the State Council:
Coal is the main energy source in China. Coal industry is the basic industry of national economy, involving a wide range and many employees, which is related to the overall situation of economic development and social stability. In recent years, due to the slowdown of economic growth and the adjustment of energy structure, the demand for coal has fallen sharply, the supply capacity has been continuously surplus, and the relationship between supply and demand has been seriously unbalanced, which has led to a general decline in enterprise benefits, chaotic market competition and an increase in hidden dangers in production safety, which has adversely affected economic development, employment of employees and social stability. In order to implement the decision-making arrangements of the CPC Central Committee and the State Council on promoting structural reform and grasping the task of de-capacity, further resolve the excess capacity of the coal industry and promote the development of coal enterprises out of difficulties, the following opinions are put forward: (1) Guiding ideology. Fully implement the spirit of the 18th National Congress of the Communist Party of China and the Third, Fourth and Fifth Plenary Sessions of the 18th Central Committee and the Central Economic Work Conference, firmly establish and implement the development concept of innovation, coordination, green, openness and * * * enjoyment in accordance with the overall layout of "five in one" and the strategic layout of "four comprehensiveness", make efforts to promote the structural reform of the supply side of the coal industry, and adhere to the integration of market coercion, enterprises, local organizations and central support.
(2) Basic principles.
The market is forced to combine with government support. Give full play to the role of the market mechanism and the guiding role of the government, and use the rule of law and marketization to resolve excess capacity. Enterprises bear the main responsibility for resolving excess capacity, local governments are responsible for formulating implementation plans and organizing their implementation, and the central government gives financial awards and policy support.
Resolving production capacity is combined with transformation and upgrading. Strictly control new capacity, effectively eliminate backward capacity, orderly withdraw excess capacity, and explore appropriate linkage between reserve capacity and withdrawal capacity. By resolving excess capacity, enterprises are encouraged to optimize organizational structure, technical structure and product structure, innovate institutional mechanisms, enhance comprehensive competitiveness, and promote the transformation and upgrading of the coal industry.
Combine overall promotion with key breakthroughs. Take the lead in breaking through in key coal-producing provinces and areas with good work foundation, and explore useful experiences for overall promotion. Focus on the placement of employees, tap the internal potential of enterprises, do a good job in job transfer and diversion, implement various employment and social security policies, protect the legitimate rights and interests of employees, and deal with enterprise assets and debts.
(3) Work objectives. On the basis of eliminating backward coal production capacity in recent years, from 20 16, in three to five years, we will withdraw production capacity of about 500 million tons, reduce and reorganize about 500 million tons, greatly reduce coal production capacity, moderately reduce the number of coal mines, effectively resolve excess capacity in the coal industry, basically balance market supply and demand, optimize industrial structure, and make substantial progress in transformation and upgrading. (4) Strictly control the new capacity. From 20 16, in principle, the examination and approval of new coal mine projects, new capacity technical transformation projects and nuclear capacity increase projects will be stopped within three years; If it is really necessary to build new coal mines, all reduction and replacement will be implemented. Coal mine projects under construction should be linked to the elimination of backward production capacity and the resolution of excess production capacity in a certain proportion. Coal mine projects under construction that have completed the task of eliminating backward production capacity and resolving excess production capacity are announced by the relevant departments of the provincial people's government.
(5) Accelerate the elimination of backward production capacity and other production capacity that does not conform to industrial policies. 13 backward small coal mines determined by the general administration of safety supervision and other departments, as well as coal mines whose mining scope overlaps with nature reserves, scenic spots and drinking water source protection areas, should be closed and withdrawn as soon as possible according to law. Coal mines with a production capacity of less than 300,000 tons/year with major and above production safety accidents, coal mines with a production capacity of 1 0.5 million tons/year and above with major and above production safety accidents, and coal mines that adopt coal mining methods and processes that are explicitly prohibited by the state and cannot be technically transformed, should be eliminated within1to 3 years.
(6) Withdraw excess capacity in an orderly manner.
1. Under the following circumstances, comprehensive measures such as policy support will be given to guide the relevant coal mines to withdraw in an orderly manner.
—— Safety: Coal mines with serious hidden dangers such as coal and gas outburst, extremely complicated hydrogeological conditions and strong rock burst, which are difficult to effectively prevent under the existing technical conditions; The mining depth exceeds the coal mine specified in the "Coal Mine Safety Regulations"; Coal mines that can't reach the third level of safety and quality standardization.
—— Quality and environmental protection: Coal mines whose product quality fails to meet the requirements of the Interim Measures for the Quality Management of Commercial Coal. Coal mines whose mining scope overlaps with relevant environmentally sensitive areas demarcated according to law and need special protection.
-In terms of technology and resource scale: non-mechanized coal mines; The production capacity of Shanxi, Mongolia, Shaanxi and Ningxia is less than 600,000 tons/year, that of Hebei, Liaoning, Kyrgyzstan, Heilongjiang, Jiangsu, Anhui, Shandong, Henan, Gansu, Qinghai and Xinjiang is less than 300,000 tons/year, and that of other regions is less than 90,000 tons/year; Mining technology and equipment are listed in the Catalogue of Policy-oriented Restrictions on Coal Production Technology and Equipment (version 20 14) and cannot be technically reformed; The plane projection of coal mine and large coal mine yard overlaps.
-Other aspects: coal mines with long-term losses and insolvency; Coal mines that have stopped production or construction for a long time; Coal mines with exhausted resources and poor resource occurrence conditions; Coal mines that do not bear social responsibilities and have long-term unpaid taxes and social security fees; Other coal mines that voluntarily quit.
2. With the approval of the provincial people's government, coal mines that meet the living needs of residents in forest areas and remote mountainous areas or undertake special supply tasks can be temporarily retained. In principle, the reserved coal mines should be mechanized.
3. Explore the implementation of "deposit-loan linkage" in the coal industry. In addition to advanced production capacity with advanced technology, high production efficiency, high resource utilization rate, strong safety guarantee ability, high level of environmental protection and low energy consumption per unit product, other reserved production capacity will be tapped and "stored", and some existing production capacity will be compressed by redefining production capacity and reducing production.
(7) Promoting enterprise reform and restructuring. We will steadily promote qualified state-owned coal enterprises to develop a mixed-ownership economy, improve the modern enterprise system, and improve the allocation and operational efficiency of state-owned capital. Encourage large coal enterprises to merge and reorganize small and medium-sized enterprises, cultivate a number of large coal enterprise groups, and further improve safety, environmental protection, energy consumption, technology and other standards and production levels. In three years, strive to make the production scale of a single coal enterprise reach more than 3 million tons/year.
(8) Promoting industrial adjustment and transformation. Encourage the integrated development of coal and electricity, and guide large thermal power enterprises and coal enterprises to participate in shares. When the production capacity of coal enterprises in which thermal power enterprises participate exceeds a certain proportion of the actual coal consumption of thermal power enterprises, thermal power enterprises shall reward them in the power generation plan. Accelerate the research and formulation of commercial coal series standards and coal clean utilization standards. Encourage the development of coal washing, processing and transformation, and increase the added value of products; According to the Environmental Access Conditions of Modern Coal Chemical Construction Project (Trial), modern coal chemical industry will develop in an orderly manner. Encourage the use of abandoned coal mine industrial square and its surrounding areas to develop wind power, photovoltaic power generation and modern agriculture. Accelerate the development of coalbed methane industry, reasonably determine the exploration and mining blocks of coalbed methane, establish a coordinated development mechanism between coalbed methane and coal, properly handle the development and utilization of resources in the overlapping areas of coal and coalbed methane mining rights, and give priority to ensuring coal development needs and effectively utilizing coalbed methane resources in areas planned to build wells for mining in a certain period of time in accordance with the principle that coalbed methane development serves coal development. Carry out research on the technology of low concentration gas collection, purification and utilization, and improve the utilization rate of coal mine gas.
(9) Strictly control unsafe production. Further strengthen coal mine safety supervision, carry out investigation and management of hidden dangers in production safety, and order coal mines with major hidden dangers to stop production and rectify. Severely crack down on illegal production behaviors such as incomplete licenses and false data, and all coal mines that fail to effectively operate the safety monitoring system, fail to implement regional outburst prevention measures in coal and gas outburst mines, fail to extract and use safety fees according to regulations, and do not have safe production conditions will be suspended for rectification according to laws and regulations.
(10) Strictly control the generation of superpowers. Fully implement the coal production capacity announcement and production commitment system according to law, and urge coal mines to organize production in strict accordance with the announced production capacity. All coal mines with super-capacity production shall be ordered to suspend production for rectification. Guide enterprises to reduce production. From 20 16, the coal mine production capacity will be re-approved according to the annual working time of no more than 276 working days. In principle, no production will be arranged on statutory holidays and Sundays. For coal mining enterprises that produce specific types of coal, provide continuous mechanized supply with downstream enterprises and have special safety requirements, a moderately flexible working day system can be implemented within a total of 276 working days, but specific plans should be formulated and filed with local coal industry management departments, industry self-regulatory organizations and designated credit reporting agencies above the municipal level, and consciously accept industry supervision and social supervision.
(eleven) strictly control illegal construction. Coal mines with incomplete capital construction procedures should be ordered to stop production, and those who refuse to stop production and organize construction and production without authorization should be closed according to law. Strengthen supervision after the event, establish and improve the system of collection, registration, announcement and verification of coal production factors, and implement the regulations on underground production layout and technical equipment management. All coal mines that fail to meet the requirements stipulated by the state shall stop production and make rectification within a time limit. If it still does not meet the requirements after rectification, it shall withdraw within a time limit. Relevant departments should jointly punish illegal construction and production of coal mines.
(twelve) strictly limit the use of inferior coal. Improve the development plan of coal industry, stop approving high-sulfur and high-ash coal projects, guide the approved projects to suspend construction, reduce the scale of projects under construction, and limit the output of projects that have been put into production according to laws and regulations. Implement the relevant regulations on the quality management of commercial coal, and increase the inspection of the sale and use of inferior loose coal in Beijing, Tianjin and Hebei, the Yangtze River Delta and the Pearl River Delta. Continue to restrict the import of inferior coal in accordance with relevant regulations. (thirteen) to strengthen the reward support. Set up a special incentive fund for the structural adjustment of industrial enterprises, make overall plans to reward and compensate local personnel who have diverted excess coal capacity according to regulations, and guide local governments to comprehensively use merger and reorganization, debt restructuring, bankruptcy liquidation and other means to speed up the disposal of "zombie enterprises" and realize market clearing. The use of special award funds should be combined with local task progress, difficulty, employee placement and other factors, and the local government should make overall arrangements for the placement of qualified enterprise employees. The specific measures shall be formulated separately by the relevant departments.
(fourteen) do a good job in the placement of workers. It is necessary to take the placement of employees as the top priority in resolving excess capacity, adhere to the combination of giving full play to the main role of enterprises and social security, refine measures and programs, implement security policies, and safeguard the legitimate rights and interests of employees. The resettlement plan is not perfect, the financial guarantee is not in place, and the employee resettlement plan that has not been discussed and adopted by the employee congress or all employees shall not be implemented.
1. tap the internal potential of enterprises. We will negotiate wages, flexible working hours, training and job transfer. Stabilize existing work. For enterprises with difficulties in production and operation, if measures are taken not to lay off employees or to lay off fewer employees, the unemployment insurance fund will be used to provide job stability subsidies. Support the construction of entrepreneurial platform and employees' self-employment, actively cultivate entrepreneurial innovation carriers that adapt to the characteristics of coal mine employees, expand the pilot scope of returning to their hometowns in mining areas, enhance the incubation capacity of entrepreneurial services, cultivate and continue industrial clusters, and guide employees to start businesses locally and nearby by increasing investment in special construction funds.
2. Implement internal retirement for eligible employees. Workers within 5 years from the statutory retirement age voluntarily choose, and after the enterprise agrees and signs an agreement, the labor contract is changed according to law, and the living expenses, basic old-age insurance and basic medical insurance expenses are paid by the enterprise. Workers shall not receive basic pensions before reaching the statutory retirement age.
3. Dissolve and terminate the labor contract according to laws and regulations. If it is really necessary for an enterprise to terminate the labor relationship with its employees, it shall pay economic compensation in accordance with the law, repay the wages owed to employees during their employment and pay back social insurance premiums, and do a good job in the transfer and continuation procedures of social insurance relations. When the main body of the enterprise dies, the labor contract with the employee shall be terminated according to law. For employees who are less than five years away from the statutory retirement age, employees can voluntarily choose to receive economic compensation, or they can reserve social insurance premiums and basic living expenses for their one-time payment to the statutory retirement age, and the institutions designated by the government pay the basic living expenses and remit the basic old-age insurance premiums and basic medical insurance premiums.
4. Do a good job in reemployment assistance. Through skills training and job introduction, the unemployed will be promoted to re-employment or start their own businesses. For people with employment difficulties, it is necessary to increase employment assistance and help them by developing public welfare posts. Unemployment insurance benefits will be paid to eligible unemployed people according to regulations, and those who meet the conditions for assistance will be included in the scope of social assistance in time to ensure their basic livelihood.
(15) Increase financial support.
1. Financial institutions should strengthen financial services, and maintain reasonable financing efforts for backbone coal enterprises that are difficult to operate but can still restore their market competitiveness through deepening reform and strengthening internal management, so as to avoid "one size fits all". Support enterprises to reduce the cost of capital by issuing bonds instead of high-cost financing.
2. Properly dispose of corporate debts and non-performing assets of banks by market-oriented means, implement the fiscal and taxation policies for write-off of bad debts of financial institutions, and improve the fiscal and taxation support policies for financial institutions to increase the disposal of debt-paying assets. Study and improve the policy of bulk transfer of non-performing assets, support banks to speed up the disposal of non-performing assets, support banks to package and transfer non-performing assets to financial asset management companies, and improve the efficiency of non-performing assets disposal.
3. Support social capital to participate in enterprise mergers and acquisitions, encourage long-term funds such as insurance funds to innovate products and investment methods, participate in enterprise mergers and acquisitions, and expand the sources of M&A funds. Improve the exit channels of M&A funds, accelerate the development of the secondary market of related property rights, and improve the efficiency of capital use.
4. Severely crack down on enterprises evading bank debts and protect the legitimate rights and interests of creditors according to law. Local governments should establish a coordination mechanism for corporate financial debt restructuring and non-performing assets disposal, and organize and coordinate relevant departments to support financial institutions to do a good job in corporate financial debt restructuring and non-performing assets disposal.
(16) Revitalize land resources. Support coal mines to withdraw from and make good use of existing land, and promote the renewal and transformation of mining areas and the redevelopment and utilization of land. The allocated land after the withdrawal of coal production capacity can be sold according to law or recovered by local governments. After the local government recovers the original allocated land use right, the transfer income can be used to pay for the resettlement expenses of employees of enterprises with production capacity withdrawal through budgetary arrangements according to regulations. If the state encourages the development of industries, if the land with complete land use procedures is converted into productive service land, it can continue to be used according to the original purpose and land ownership type within five years.
(seventeen) to encourage technological transformation. Encourage and support coal mining enterprises to implement mechanization and automation transformation, focus on innovating key technologies of coal geological guarantee and efficient well construction, unmanned and harmless coal mining technology without coal pillars, popularize key technologies of green and smart mines such as water-retaining filling mining, intelligent mining and special coal seam mining, and improve the manufacturing level of advanced equipment for large-scale coal mining.
(eighteen) other supporting policies. Accelerate the separation of social functions of state-owned coal enterprises, hand over "three supplies and one industry" (water supply, power supply, heating and property management) as soon as possible, and solve the problems left over from policy bankruptcy. Support coal enterprises to delay the payment of mining rights in accordance with regulations. Support coal enterprises to mortgage loans with mining rights and increase liquidity. Improve the performance evaluation mechanism of state-owned coal enterprises, and scientifically and reasonably determine the performance evaluation objectives of enterprises according to market changes. Adjust and improve the coal export policy, and encourage advantageous enterprises to expand foreign exports. Strictly implement the anti-unfair competition law and the anti-monopoly law, severely investigate and punish illegal and illegal competition behaviors, and maintain fair competition market order. (nineteen) to strengthen organizational leadership. Relevant departments should establish a coordination mechanism to solve the problem of coal overcapacity, strengthen comprehensive coordination, formulate implementation rules, supervise the implementation of tasks, and promote all work in an overall way. The relevant provincial people's governments shall take overall responsibility for the work of resolving the excess coal production capacity in the local area and set up a leading group. Cities, counties and key enterprises with heavy tasks should establish corresponding leading institutions and work promotion mechanisms. The State-owned Assets Supervision and Administration Commission of the State Council took the lead in organizing and implementing the work of central enterprises to resolve the excess capacity of coal. The relevant provincial people's governments and SASAC of the State Council should study and put forward the total scale of capacity withdrawal, the scale and timetable of enterprise withdrawal according to this opinion, and formulate implementation plans and supporting policies accordingly, and submit them to the National Development and Reform Commission.
(20) Strengthen supervision and inspection. Establish and improve the target responsibility system, list the implementation of the target of resolving excess capacity in various regions as an important part of the supervision and inspection of the implementation of major central decision-making arrangements, and strengthen supervision and inspection of the whole process of resolving excess capacity. All regions should announce to the public the annual completion of the task of resolving excess capacity and establish a reporting system. Strengthen the assessment mechanism, introduce a third-party organization to evaluate the completion of tasks in various regions, and hold accountable places and enterprises that have not completed tasks. Relevant departments of the State Council should organize special inspections in a timely manner.
(twenty-one) do a good job in industry self-discipline. Industry associations should guide coal enterprises to operate in accordance with the law and compete rationally, publicize the enterprise commitment letter on the website of Credit China and the national enterprise credit information publicity system, and introduce relevant intermediaries, rating and credit reporting agencies to participate in the work of standard confirmation, publicity and supervision. The standards and results of resolving excess coal production capacity are announced to the public, social supervision is strengthened, and trustworthy incentives and disciplinary actions are implemented.
(twenty-two) to strengthen publicity and guidance. Through newspapers, radio, television, internet and other means, we should widely and deeply publicize the significance and experience of resolving excess coal capacity, strengthen policy interpretation, respond to social concerns, and form a good public opinion environment.
the State Council
20 16 February 1
(This work is released to the public)