Is a wholly state-owned enterprise a state-owned enterprise or a private enterprise?

State-owned enterprises include wholly state-owned companies and wholly state-owned enterprises, so wholly state-owned enterprises are state-owned enterprises.

A wholly state-owned company refers to a wholly state-owned limited liability company established by a state-authorized investment institution or a state-authorized department in accordance with the company law. According to the Company Law, a state-owned enterprise established before the implementation of the Company Law can be reorganized into a wholly state-owned limited liability company in accordance with the Company Law if it meets the requirements for establishing a limited liability company.

(1) The legal basis is different.

Wholly state-owned enterprises follow the Law on Enterprises Owned by the Whole People, and wholly state-owned companies follow the Company Law.

② Different management systems

Wholly state-owned enterprises are funded and subordinate to the government, and the factory director (manager) appointed or elected by the government and approved by the government is responsible for them and pays attention to the subordinate relationship; Under the guidance of the modern property right system with clear ownership, clear rights and responsibilities, strict protection and smooth circulation, the wholly state-owned company establishes a clear modern state-owned property right management system with assets as the link.

⑶ Different governance structures

The board of supervisors of state-owned key large enterprises is dispatched by the State Council, responsible for the State Council, and supervises the state-owned assets of state-owned key large enterprises on behalf of the state. The general board of directors of state-owned enterprises is dispatched by the government at the same level. The board of supervisors of a wholly state-owned company shall be appointed by the state-owned assets supervision and administration institution.

④ Different roles of managers

The factory director (manager) of a wholly state-owned enterprise is appointed by the superior and is the legal representative of the enterprise, which is in the core position in the production and operation of the enterprise. The general manager of a wholly state-owned company is appointed by and accountable to the board of directors. According to the decision of the board of directors, he is fully responsible for the daily operation and management of the enterprise. There is an employment relationship between the board of directors and the general manager (principal-agent relationship).

To sum up, state-owned enterprises include wholly state-owned companies and wholly state-owned enterprises. Therefore, a wholly state-owned enterprise is a state-owned enterprise. Wholly state-owned enterprises and wholly state-owned companies are state-owned enterprises, but they have different laws to follow and different management modes.

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