Notice by Huadu District Bureau of Agriculture and Rural Affairs of Guangzhou Municipality on Issuing the Management Measures of Huadu District of Guangzhou Municipality on Identification and Operation Monitoring of Leading Agricultural Enterprises
Hua Nong Gui Zi [2021] No. 1
All township people’s governments, street community offices, and related units of Huadu District,
The Management Measures of Huadu District of Guangzhou Municipality on Identification and Operation Monitoring of Leading Agricultural Enterprises have been approved by Huadu District People’s Government and are hereby issued to you for your compliance and implementation.
Huadu District Bureau of Agriculture and Rural Affairs of Guangzhou Municipality
June 12, 2021
Management Measures of Huadu District of Guangzhou Municipality on Identification and Operation Monitoring of Leading Agricultural Enterprises
Article IIn order to standardize the identification of district-level leading agricultural enterprises, and enhance the operation monitoring and promote the development of high-end, high-quality and high-tech urban modern agriculture of the District, subject to the Measures for Administration of the Identification and Operation Monitoring of Key National Flagship Enterprises of Agricultural Industrialization (Nong Jing Fa [2018] No. 1) issued by eight ministries and commissions, including the Ministry of Agriculture and Rural Affairs, the Management Measures for Identification and Operation Monitoring of Key Leading Agricultural Enterprises of Guangdong Province (Yue Nong Nong Gui [2020] No. 11) released by eight departments of Guangdong Province, including the Department of Agriculture and Rural Affairs of Guangdong Province, and other relevant regulations, the provisions of the Notice by the Guangzhou Mulnicipal Bureau of Agriculture and Rural Affairs onRevising and Issuing the Management Measures of Guangzhoufor Identification and Operation Monitoring of Leading Agricultural Enterprises (Sui Nong Gui Zi [2020] No. 2), the Management Measures are hereby formulated in light of the actualities of Huadu District.
Article II These Management Measures are applicable to the identification and operation monitoring and relevant management activities of leading agricultural enterprises of Huadu District, Guangzhou.
The district-level leading agricultural enterprisesin the Management Measures refer to the enterprises which are registered in the administrative region of Huadu District, Guangzhou, take the agricultural product production, processing, circulation, seed industry, sightseeing and leisure agriculture, special species cultivation, agricultural technical service and other agriculture-related industries as the main business, meet the specified standards in such aspects as enterprise scale, driving force and competitiveness and are confirmed by the Huadu District Government.
Article III The identification and operation monitoring of district-level leading agricultural enterprises are subject to “open, fair, just and survival-of-the-fittest” principles.
Article IVThe Huadu District Bureau of Agriculture and Rural Affairs organizes the declaration, identification, monitoring and check of district-level leading agricultural enterprises.
Article V The declaring enterprises must meet the following conditions:
(I) Meet the conditions specified in Article II and have the independent corporate capacity;
(II) Must take the agricultural product production, processing, circulation, seed industry, sightseeing and leisure agriculture, special species cultivation, agricultural technical service and other agriculture-related industries as the main business, and the agriculture-related business revenues account for 51% or more in the total revenues;
(III) Have a certain scale and strong driving force and competitiveness;
(IV) Have a good operation status and credit standing.
Article VI The district-level leading agricultural enterprises shall be disqualified for the identification if they have committed any of the following acts. If they have already enjoyed the qualification, it shall be cancelled.
(I) Practise fraud and provide untrue data;
(II)Subject to the administrative punishment due to afflicting agricultural damage on the farmers in the past one year;
(III)The work safety accident related to agricultural machinery occurs in the past one year;
(IV)Subject to the punishment imposed by the administrative department of agriculture and rural affairs due to the production of unqualified agricultural products in the local production link in the past three years; relevant responsible person is prosecuted for criminal liability due to the production of unqualified agricultural products in the local production link in the past four years;
(V) In the past one year, the grain, vegetable and fruit growing enterprises fail to purchase and use the commercial organic fertilizers at least 0.5 tons per mu and reduce the usage of chemical fertilizers;
(VI)Be investigated and punished due to gaining the agricultural financial funds by cheating in the past five years;
(VII)Other acts due to which the qualification of district-level leading agricultural enterprises should be cancelled according to the laws, regulations and rules.
The period specified in Items (II)-(VI) of this article should be calculated retrospectively from the date ofprinting and distribution of the circular concerning the identification of district-level leading agricultural enterprises in the that very year.
Article VII According to the characteristics of main business of the enterprises, they are divided into agricultural product production type; agricultural product processing and circulation type; agricultural product market-driven type; agricultural technical service type; and other agriculture-related industry type (5 industrial types). The points are given in such aspects as proportion of agriculture-related business revenues, scale, credit, driving force and competitiveness of the enterprises, and the enterprises with a comprehensive score of more than 80 points (including 80 points) are listed as the candidate enterprises. (Refer to Attachment 1 and Attachment 2 for the classification standards and scoring standards.)
Article VIII The declaring enterprise must truthfully provide the following materials:
(I)Declaration Form for Leading Agricultural Enterprises of Huadu District of Guangzhou Municipality;
(II) Financial audit report of the enterprise of last year issued bythe qualified accounting firm;
(III) Photocopy of property right certificate of production base or land and production facility lease contract, agreement, and investment cooperation certificate signed by the enterprise;
(IV) Contracts (agreements) for agricultural product purchase and sales, contract farming, equity participation and dividend sharing, profit return, lease etc. signed with the farmers, farmers’ cooperatives, family farms, specialized households and the like, a list of benefited farmers (name, address and contact number) and relevant financial certificates;
(V) List of farmers (fishermen) recruited by the enterprises, materials related to participation in the staff social insurance programs (the enterprise may providethe letter of commitment to having participated in the staff social insurance programs or provide the proof of staff social insurance payment and the payroll containing the withholding of staff social insurance payment);
(VI) Product quality, environmental protection, high-tech enterprise certificates, scientific and technological achievements, trademarks, patent and other materials;
(VII) Supply contracts, invoices and other materials for the purchase of commercial organic fertilizers by the grain, vegetable and fruit growing enterprises.
Article IX Declaration and identification procedures
(I) Declaration.
The declaring enterprise directly makes an application to the Huadu District Bureau of Agriculture and Rural Affairs.
(II)Audit.
1. TheHuadu District Bureau of Agriculture and Rural Affairs preliminarily audits the materials provided by the declaring enterprises, solicits the opinions from the Development and Reform Bureau, Tax Bureau, Market Regulation Bureau, Human Resources and Social Security Bureau, Sub-bureau of Municipal Planning and Natural Resources Bureau, Sub-bureau of Municipal Ecological Environmental Bureau and other departments of Huadu District as well as towns and street communities, and makes a recommended enterprises catalogue.
2. TheHuadu District Bureau of Agriculture and Rural Affairs entrusts an intermediary to audit the declaration materials of the enterprises listed in the recommended enterprises catalogue, and give points according to the classification standards and scoring standards and deliver the review opinions.
(III) Identification.
1. TheHuadu District Bureau of Agriculture and Rural Affairs comprehensively considers the audit opinions and scoring results of the intermediary and puts forward a roster of would-be identified leading agricultural enterprises;
2. Thisroster will then be publicized for fifteen (15) days. In case of no objection during the publication period, these enterprises will be reported to the Huadu District Government for final identification. If any objection exists, the Bureau of Agriculture and Rural Affairs of the District will further examine the objected enterprises. If they meet the identification conditions for district-level leading agricultural enterprises, they will be reported to the Huadu District Government for final identification. Otherwise, their identification qualification will be cancelled.
3. TheHuadu District Bureau of Agriculture and Rural Affairs awards the title of “Leading Agricultural Enterprise of Huadu District of Guangzhou” to the enterprises identified by the Huadu District Government, and issues the identification certificate and plaque and makes an public announcement.
Article X The qualification of “Leading Agricultural Enterprise of Huadu District of Guangzhou” granted by the Huadu District Government shall be valid for three (3) years from the date of identification. After the valid term expires, if the enterprise fails to go through the re-identification, it will be automatically disqualified from the title of the “Leading Agricultural Enterprise of Huadu District of Guangzhou”.
Article XI An identified and published district-level leading agricultural enterprise is entitled to enjoy the interest subsidy policy for bank loan. According to the departmental budgets, the District annually arranges the interest subsidies for bank loans of the leading agricultural enterprises at the district level or above.
Article XII The information submission system shall be established. The district-level leading agricultural enterprises shall be dynamically monitored. The district-level leading agricultural enterprises shall report the annual business performance as required, which acts as a basis for monitoring evaluation.
Article XIIIThe Huadu District Bureau of Agriculture and Rural Affairs organizes the operation monitoring of the district-level leading agricultural enterprises. The monitoring is carried out according to the standards specified in Article V, Article VI and Article VII of these Management Measures. The specific procedures, time, object and material requirements are subject to the circular from the Huadu District Bureau of Agriculture and Rural Affairs. The monitoring results are announced after being reported by the Huadu District Bureau of Agriculture and Rural Affairs to the Huadu District Government for confirmation.
The enterprises deemed to be qualified in the monitoring continuously enjoy the qualification of “Leading Agricultural enterprises of Huadu District of Guangzhou”. Regarding the enterprises deemed to be unqualified in the monitoring, the qualification of “Leading Agricultural enterprises of Huadu District, Guangzhou” shall be cancelled.
The national, provincial and municipal key leading enterprises of agricultural industrialization inthe District are not subject to district-level operation monitoring, and relevant work is done together with the monitoring organized by the Ministry of Agriculture and Rural Affairs, the Provincial Department of Agriculture and Rural Affairs and the Municipal Bureau of Agriculture and Rural Affairs.
Article XIV Where a leading agricultural enterprise of Huadu District, Guangzhou changes its name, legal representative, place of registration or other important information, it must report such a change in writing to the administrative departments of agriculture of town and sub-district as well as the Bureau of Agriculture and Rural Affairs of the District, and submit relevant materials.
Article XV These Management Measures shall come into force from the date of promulgulation, with the valid term being five (5) years. The Management Measures of Huadu District of Guangzhou Municipality for Identification and Operation Monitoring of Leading Agricultural Enterprises (Hua Nong Lin [2018] No. 405) are annulled simultaneously.
Attachment1.Classification Standards for Identification of Leading Agricultural Enterprises of Huadu District, Guangzhou
2.Scoring Standards for Identification and Monitoring of Leading Agricultural Enterprises of Huadu District, Guangzhou
Form of Disclosure: Active Disclosure
Attachment 1
Classification Standards for Identification of Leading Agricultural Enterprises of Huadu District, Guangzhou
Attachment 2
Scoring Standards for Identification and Monitoring of Leading Agricultural Enterprises of Huadu District, Guangzhou
Notes:① The audit year in these Management Measures shall be counted back one year from the date of printing and distribution of the circular concerning the identification of district-level leading agricultural enterprises in that very year.
② The tightly driven farmer households in these Management Measures refer to “the farmer households are driven by employment, order-based purchase, farmland lease, and farm house lease and the like, and they are subject to the order, contract and wage payment accounting certificate”; the loosely driven farmer households refer to “ the farmers are driven by the following means: the agricultural products are purchased, the technical training is carried out, the technical services are provided, and the operation site, product or service radiation is provided, and they are subject to the contract, accounting certificate, training record, and ledger”. The tightly driven farmer households and the loosely driven farmer households may be converted as per 1:5, and one item is met or the sum after conversion meets one item.