Directly supervised enterprises:
In order to implement the spirit of "Several Policies on Promoting the Recovery and Development of Difficult Industries in the Service Industry" (No.271 [2022] of the National Development and Reform Commission), According to the requirements of Guangdong Province’s Several Measures to Promote the Recovery and Development of Difficult Industries in the Service Industry (Guangdong Office Letter [2022] No.40) and Guangzhou City’s Several Measures to Promote the Recovery and Development of Difficult Industries in the Service Industry (Sui Fu Office Letter [2022] No.40) and other relevant policy documents, in order to promote municipal state-owned enterprises to pay close attention to the rent reduction and exemption in 2022 and effectively reduce the rent burden of small and micro enterprises and individual industrial and commercial households in the service industry,
First, the object of relief
1. Within the administrative area of Guangzhou, lease the state-owned houses (except for residential purposes, the same below) owned by state-owned enterprises at all levels and state-holding enterprises and state-controlled enterprises (hereinafter referred to as "state-owned enterprises") in Guangzhou, and the final lessees are small and micro enterprises in service industry and individual industrial and commercial households.
2. Classification standards for service industries. Please refer to the National Statistics Bureau’s Classification of National Economic Industries (GB/T 4754-2017) and the National Statistics Bureau’s Notice on Amending the Provisions on the Third Industrial Division (2012) (Guo Tong Jian Guan Han [2018] No.74) (in principle, the tertiary industry can be regarded as a service industry).
3. Defining the scope of small and micro enterprises. Please refer to the Notice on Printing and Distributing the Standard Provisions for the Classification of Small and Medium-sized Enterprises (No.300 [2011] of the Ministry of Industry and Information Technology), the Notice on Printing and Distributing the Standard Provisions for the Classification of Enterprises in the Financial Industry (No.309 [2015] of Yinfa) or the "Directory of Small and Micro Enterprises" module of the National Service Network for the Development of Individual and Private Economy linked to the website of the State Administration of Markets.
Second, the standard of relief
4. The valid lease contract from January 1 to December 31, 2022 shall be reduced or exempted in accordance with regulations.
5. For leased state-owned houses, the rent is generally exempted from March to May, and the accumulated rent is exempted for 3 months; For the state-owned houses listed as the administrative region where the epidemic high-risk areas are located during the period specified in point 4 (2), starting from the month when they are declared as the epidemic high-risk areas, the rent will be exempted for three months in turn (if the rent is exempted for less than three months, it will be supplemented for three months in turn from the month of the epidemic), and the accumulated rent exemption for each house shall not exceed six months.
6. Before the date of the issuance of this Notice, if the administrative district where the leased house is located has been included in the epidemic high-risk area in 2022 (such as Baiyun District), the rent from March to August in 2022 will be exempted, and the accumulated rent will be exempted for six months.
7. If the duration of the contract is less than the number of months to be reduced or exempted, it shall be reduced or exempted according to the actual duration of the contract.
8. Rent reduction and exemption outside the administrative area of Guangzhou. For the leased state-owned enterprises’ houses located outside the administrative area of Guangzhou, the state-owned enterprises can refer to the local government’s rent reduction and exemption practices or this notice to implement the rent reduction and exemption policy.
Third, the way of relief
9. The lease parties can negotiate and take appropriate measures to implement the rent reduction and exemption policy according to laws and regulations.
10. In the fourth quarter of 2022, if it is listed as a high-risk area in the epidemic, it is necessary to fully exempt the rent for 3 months by returning the rent in the current year or deducting it in the next year.
11. State-owned houses with sublease shall be exempted from rent according to the principle of "penetrating" and implemented to the final lessee. If the intermediate sublessor is a non-municipal state-owned enterprise, it shall require the intermediate sublessor to sign a letter of commitment, and promise to transfer all the rent reduction and exemption of the municipal state-owned enterprise to the final lessee. The municipal state-owned enterprise shall ensure that the rent reduction and exemption is implemented to the final lessee, encourage the intermediate sublessor to appropriately reduce the sublease price difference, and give assistance to the final lessee, reflecting the joint responsibility of all parties to the lease.
Fourth, the handling process
12. Improve the information on rent reduction and exemption. The lessee shall submit a written application, and the application materials include the lessee’s application form, the identity certificate of the lessee’s legal representative, business license, qualification confirmation statement and other supporting materials that can prove that the conditions for rent reduction and exemption are met. The lessee shall apply to the rental enterprise for rent reduction and exemption before December 31, 2022, and it will not be accepted in principle after the time limit. First-class groups and rental enterprises should improve the rent reduction and exemption information in time and keep the necessary files for future reference.
13. Simplify the approval process according to law. For the lessee who meets the conditions of reduction and exemption and does not sublet, if the relevant information has proved that it meets the conditions of rent reduction and exemption, it is not necessary to provide repeated information, and it can be directly reduced according to the contract, and the lessee will provide an application for rent reduction and exemption and a confirmation letter. In the case of subletting, the intermediate sublessor shall provide relevant certificates related to the lease of the final lessee, and provide the confirmation letter of rent reduction and exemption of the final lessee.
14. Implement policies quickly and efficiently. In order to improve work efficiency, for various cases and technical operational problems in the process of rent reduction, the first-level group compacts the main responsibility of the enterprise, dares to take responsibility and take the initiative. According to the principles of "substance is more important than form" and "the rights and responsibilities of both parties to the lease are equal", the municipal state-owned enterprises collectively study and make decisions according to procedures, and report them to the first-level group for filing before implementation. If the first-level group has objections to filing, it should promptly feedback the filing enterprise and guide it to implement relief.
V. Assessment Support
15. During the period of rent reduction or exemption, if the rent income reduced or exempted according to regulations affects the performance of municipal state-owned enterprises, it shall be recognized according to the actual situation in the assessment.
VI. Job Requirements
16. Municipal state-owned enterprises should effectively improve their positions, take the overall situation into account, firmly establish the idea of "living a tight life", fully realize the significance of the state-owned housing rent reduction and exemption policy, further unify their thinking with the decision-making arrangements of the CPC Central Committee and the State Council and the work requirements of the municipal party committee and municipal government, overcome their own difficulties and ensure the implementation of the policy. In the process of implementing the policy, we must adhere to legal compliance and standardized procedures to ensure the safety and integrity of state-owned assets. The first-level group of municipal state-owned enterprises should set up a leading group for rent reduction and exemption led by a group leader and the participation of relevant departments, formulate a rent reduction and exemption plan and approval procedures according to the actual situation of the group, and establish a three-level liaison mechanism for group leaders, department leaders and managers. The first-level group should strengthen the supervision and guidance of its subordinate enterprises, urge and guide the group and its subordinate enterprises to reduce or exempt rents according to regulations, and the housing rental enterprises should take the initiative to dock with the lessees, do a good job in publicizing and explaining the rent reduction and exemption policies, and implement the policies in a timely manner.
VII. Other matters
17. If the lessee who meets the conditions for reduction or exemption is in arrears of rent, it must pay the corresponding rent according to the contract or deduct the corresponding arrears of rent through negotiation between the two parties, and then reduce or exempt the rent according to the regulations.
18. If the subordinate enterprises have financial difficulties due to the implementation of the rent reduction policy, the superior enterprise or the first-level group should give financial support to ensure that the policy is put in place.
19. For listed and financial enterprises, if there are other provisions in laws, regulations and relevant regulatory authorities, those provisions shall prevail. The municipal government or the policy documents approved by the municipal government have new provisions on rent reduction and exemption, which shall be followed.
20. For the holding enterprises with diversified equity, we should actively communicate and coordinate, strive for the understanding and support of small and medium shareholders, and reduce the rent after standardizing the internal decision-making procedures; For municipal state-owned enterprises, rent reduction and exemption are proposed according to the actual situation.
21. If there are rent concessions such as rent-free period, in principle, you can continue to enjoy rent reduction and exemption according to the regulations, but the accumulated rent reduction and exemption shall not exceed the total rent receivable in 2022.
22. Rent reduction and exemption for district-owned enterprises and entrusted regulatory agencies can be implemented with reference to this notice.
This notice is valid until December 31, 2022.
I hereby inform you.
State-owned Assets Supervision and Administration Commission of Guangzhou Municipal People’s Government
May 20, 2022
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