Thinking about some specific problems in the separation of m

On August 13, 2019, director Zhang Jianhua of the State Energy Administration announced in the people’s daily the signed article “promoting high-quality development of energy industry in the new era”. The article pointed out that “in the field of electric power, we should further promote the transformation of electric power marketization by implementing the transformation of distribution and sale of electric power, promoting the independent and standardized operation of trading organizations, and deepening the separation of main and auxiliary power grids”. The announcement of this article makes the separation of main and auxiliary power grids become a hot topic in the industry again. Various signs show that the separation of main and auxiliary power grid is accelerating.

 

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Background of separation of main and auxiliary power grid

 

Separation of main power and auxiliary power is another key point and difficulty of power transformation after separation of power plant and network, and it is also the established direction of power system reform plan of the State Council in 2002. In 2011, the state owned assets supervision and Administration Commission (SASAC) issued documents such as the reform of main and auxiliary separation of power grid enterprises and the plan for the integration and reorganization of power planning and construction enterprises (gzfgg [2011] No. 41), which clarified all the ideas, basic criteria and operation points of the separation of main and auxiliary industries and the reorganization of auxiliary industries. In 2015, the opinions of the CPC Central Committee and the State Council on further deepening the reform of the electric power system (ZF [2015] No. 9) proposed to carry out relevant key reform tasks on the basis of “further improving the separation of government and enterprise, the separation of plant and network, and the separation of main and auxiliary”. It can be seen that the separation of main and auxiliary power grid has been the key task of the sustainability of China’s power industry in the past decade.

 

From a macro point of view, the separation of the main and auxiliary power grid should be “how to divide and how to separate”, to some extent, this is a systematic project decided by the upper level to plan and deploy. This is closely related to the relationship between government behavior and market behavior, the identity of the main business of power grid as a public utility, and the operation mechanism and survival and development after the separation of auxiliary business.

 

From the microcosmic point of view, that is to say, only from the specific operation level of the perspective of the separated and the separated subject, the separation of the main and the auxiliary is essentially the reorganization of the business or the enterprise. From the specific operation level of affairs and enterprise reorganization, the author briefly comments on several specific issues that may be involved.

 

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Some specific problems that may be involved in the separation of main power grid and auxiliary power grid

 

(I) “how to divide and how to leave” shall be considered for top-level planning demand point

 

“How to divide and how to leave” is a top-level planning and overall deployment issue. In 2011, the plan for the transformation of power grid enterprises’ main and auxiliary sharing and the integration reorganization of power planning and construction enterprises adopted the method of “transfer of all the established construction systems” to carry out the integration reorganization plan for power planning and construction enterprises. Through the formation of a new group company entity, the auxiliary construction system of the same provincial (District, city) power grid enterprise is transferred into the same power construction group, and the multi-economic enterprises, collective enterprises and retirees run by the auxiliary units are transferred together with the single entity. The creditor’s rights and debts of the auxiliary business unit shall be stripped together with the property of the enterprise. Then, for the auxiliary industry with high degree of marketization and strong earning capacity of equipment manufacturing, what kind of restructuring method is adopted, which is to be directly controlled by the state-owned assets supervision organization after divestiture, to establish a new subject to transfer the auxiliary property into, to merge and restructure the similar auxiliary industry enterprises, or to directly push the auxiliary industry to the mall after separation. This top-level planning of demand is considered in combination with the bottom level appeal.

 

(II) property sorting and disposal should be rigorous

 

In the process of separation of main business from auxiliary business and reorganization of auxiliary business, property disposal is an unavoidable problem. Before the reorganization of the auxiliary business, the property of the auxiliary business entity is state-owned or collective property. After the reorganization, the property status of the auxiliary business entity is different according to the choice of the reorganization form. Even if all of them are state-owned or collective property, the handling procedures are different due to the different types of property. No matter which type of state-owned property belongs to, it is necessary to carry out property check, property right definition, property evaluation and other operations in strict accordance with the relevant provisions of state-owned property supervision, so as to prevent the risk of loss of state-owned property.

 

(III) personnel handling shall be proper

 

The separation of the main and the auxiliary means the serious change of the identity and management mechanism for the auxiliary employees, which will inevitably bring certain psychological impact and worry about the interests protection. In fact, the reorganization of auxiliary industry will also bring about the reorganization of real interests for employees. Before the separation of main and auxiliary employees, the types and employment forms of employees in the power grid system are not single. Some of the auxiliary employees may adopt the form of socialized employment and sign labor contracts in accordance with the labor contract law; some of them have the status of employees in the power grid system; some of them retain the employment contact at the higher level and are sent to the next subordinate unit by practice; and the separation of the Department. Retired employees. After the main and auxiliary separation of different types of personnel, the acceptance of employment contact, salary mechanism, salary level and other issues shall be included in the specific main and auxiliary separation plan of each enterprise for targeted consideration, so as to effectively handle and connect the labor contact and social insurance system in accordance with relevant laws and regulations and policies. Therefore, the reorganization plan should be fully listened to by the workers’ Congress to understand the employees’ real ideas and scruples.

 

(IV) clear treatment of creditor’s rights and debts

 

 

 

According to the general principles of legal person management, all the claims and debts after verification are generally borne by the successor after reorganization.

 

In addition to the above issues, the equity structure, legal person management structure, auxiliary business operation mechanism and auxiliary business survival and development issues after the separation of the auxiliary business are the same as the issues that need to be paid attention to in the process of the separation of the main business and the auxiliary business. Power grid owner