Article 33 The enterprise shall have the right, in accordance with law and the provisions of the State Council, to engage in joint operations with other enterprises or institutions, to invest in other enterprises or institutions and to hold shares in other enterprises.
企业有权依照国务院规定发行债券。
The enterprise shall have the right to issue bonds in accordance with the provisions of the State Council.
第三十四条 （注：次款已删除，原为“企业必须完成指令性计划。” The enterprise must fulfil the mandatory plans.）
企业必须履行依法订立的合同。
Article 35 The enterprise must perform the contracts concluded according to law.
第三十五条 企业必须保障固定资产的正常维修，改进和更新设备。
Article 35 The enterprise must ensure the normal maintenance of its fixed assets and upgrade and renew its equipment.
第三十六条 企业必须遵守国家关于财务、劳动工资和物价管理等方面的规定，接受财政、审计、劳动工资和物价等机关的监督。
Article 36 The enterprise must observe State provisions concerning finance, labour and wages, price control, etc., and accept supervision by the financial, auditing, labour and wage, price and other administrative authorities.
第三十七条 企业必须保证产品质量和服务质量，对用户和消费者负责。
Article 37 The enterprise must guarantee the quality of its products and services and be responsible to users and consumers.
第三十八条 企业必须提高劳动效率，节约能源和原材料，努力降低成本。
Article 38 The enterprise must raise labour efficiency, economize the use of energy and of raw and processed materials and strive to reduce costs.
第三十九条 企业必须加强保卫工作，维护生产秩序，保护国家财产。
Article 39 The enterprise must strengthen its security work, maintain the order of production and protect State property.
第四十条 企业必须贯彻安全生产制度，改善劳动条件，做好劳动保护和环境保护工作，做到安全生产和文明生产。
Article 40 The enterprise must implement the system of safe production, improve labour conditions, do good work in labour protection and environmental protection, and carry on production in a safe and civilized manner.
第四十一条 企业应当加强思想政治教育、法制教育、国防教育、科学文化教育和技术业务培训，提高职工队伍的素质。
Article 41 The enterprise shall strengthen ideological and political education, legal education, national defence education, scientific and cultural education as well as technical and vocational training so as to raise the quality of its staff and workers.
第四十二条 企业应当支持和奖励职工进行科学研究、发明创造，开展技术革新、合理化建议和社会主义劳动竞赛活动。
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Article 42 The enterprise shall support its staff and workers in scientific research, invention and creation and activities for technical innovation, for making rationalization proposals and for socialist labour emulation, and reward them for such endeavours.
第四章 厂长
Chapter IV The Factory Director
第四十三条 厂长的产生，除国务院另有规定外，由政府主管部门根据企业的情况决定采取下列一种方式：
Article 43 Except as otherwise stipulated by the State Council, the selection of the factory director shall be made by the competent department of the government in the light of the specific conditions of the enterprise by one of the following methods:
（一）政府主管部门委任或者招聘。
1) appointment by the competent department of the government or choice of an applicant on a competitive basis by the same department; or
（二）企业职工代表大会选举。
2) election by the staff and workers' congress of the enterprise.
政府主管部门委任或者招聘的厂长人选，须征求职工代表的意见；企业职工代表大会选举的厂长，须报政府主管部门批准。政府主管部门委任或者招聘的厂长，由政府主管部门免职或者解聘，并须征求职工代表的意见；企业职工代表大会选举的厂长，由职工代表大会罢免，并须报政府主管部门批准。
With respect to the person to be appointed or the applicant to be chosen as factory director by the competent department of the government, the opinions of the staff and workers shall be solicited, with respect to the person elected as factory director by the staff and workers' congress of the enterprise, his appointment shall be reported to the competent department of the government for approval. The removal or dismissal of the factory director appointed or chosen from applicants by the competent department of the government shall be decided upon by such department, while the opinions of representatives of the staff and workers shall be solicited; the recall of the factory director elected by the staff and workers' congress of the enterprise shall be decided by such congress and reported to the competent department of the government for approval.
第四十四条 厂长是企业的法定代表人。
Article 44 The factory director shall be the legal representative of the enterprise.
企业建立以厂长为首的生产经营管理系统。厂长在企业中处于中心地位，对企业的物质文明建设和精神文明建设负有全面责任。
The enterprise shall establish a system of production, operation and management headed by the factory director. The factory director shall occupy the central position in the enterprise and assume overall responsibility for building up a materially developed and culturally and ideologically advanced enterprise.
厂长领导企业的生产经营管理工作，行使下列职权：
The factory director shall exercise leadership in the production, operation and management of the enterprise by exercising the following functions and powers:
（一）依照法律和国务院规定，决定或者报请审查批准企业的各项计划。
1) to decide on the various plans of the enterprise or report them for examination and approval in accordance with law and the provisions of the State Council.
（二）决定企业行政机构的设置。
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2) to decide on the administrative setup of the enterprise;
（三）提请政府主管部门或者聘任、解聘副厂级行政领导干部。法律和国务院另有规定的除外。
3) to propose to the competent department of the government the appointment or removal, employment or dismissal of leading administrative cadres at the level of a vice-director of the factory, except as otherwise stipulated by law and the provisions of the State Council;
（四）任免或者聘任、解聘企业中层行政领导干部法律另有规定的除外。
4) to appoint or remove, employ or dismiss the intermediate-level leading administrative cadres of the enterprise, except as otherwise stipulated by law;
（五）提出工资调整方案、奖金分配方案和重要的规章制度，提请职工代表大会审查同意。提出福利基金使用方案和其他有关职工生活福利的重大事项的建议，提请职工代表大会审议决定。
5) to propose plans for wage adjustment and bonus distribution and important rules and regulations, and refer them to the staff and workers' congress for examination and approval; to propose programmes for the use of the welfare fund and make suggestions regarding such other matters as are important for the well-being and benefits of the staff and workers, and to refer them to the staff and workers' congress for deliberation and decision; and
（六）依法奖惩职工；提请政府主管部门奖惩副厂级行政领导干部。
6) to reward or punish the staff members and workers according to law; to submit to the competent department of the government proposals for rewarding or punishing leading administrative cadres at the level of a vice-director of the factory.
第四十五条 厂长必须依靠职工群众履行本法规定的企业的各项义务，支持职工代表大会、工会和其他群众组织的工作，执行职工代表大会依法作出的决定。
Article 45 The factory director must rely on the staff members and workers for the fulfilment of the obligations of the enterprise prescribed in this Law, support the work of the staff and workers' congress, the trade union and other public organizations, and implement the decisions made according to law by the staff and workers' congress.
第四十六条 企业设立管理委员会或者通过其他形式，协助厂长决定企业的重大问题。管理委员会由企业各方面的负责人和职工代表组成。厂长任管理委员会主任。
Article 46 The enterprise shall establish a management committee or some other forms of organization to assist the factory director in making decisions on important issues of the enterprise. The management committee, with the factory director as its chairman, shall be composed of leading persons in charge of various aspects of the enterprise and representatives of the staff and workers.
前款所称重大问题：
The important issues as mentioned in the preceding paragraph shall include:
（一）经营方针、长远规划和年度计划、基本建设方案和重大技术改造方案，职工培训计划，工资调整方案，留用资金分配和使用方案，承包和租赁经营责任制方案。
1) the policy of operation, long-term and annual plans, programmes for capital construction and major technical transformation, plans for the training of the staff and workers, plans for wage adjustment, programmes for the distribution and use of the retained funds and programmes for contract and leasing systems of managerial responsibility.
（二）工资列入企业成本开支的企业人员编制和行政机构的设置和调整。
2) the size of the personnel of the enterprise whose wages are counted as cost of the enterprise and the establishment and adjustment of administrative organs; and
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（三）制订、修改和废除重要规章制度的方案。
3) programmes for the formulation, revision and abrogation of major rules and regulations.
上述重大问题的讨论方案，均由厂长提出。
Proposals for discussion of the foregoing important issues shall all be made by the factory director.
第四十七条 厂长在领导企业完成计划、提高产品质量和服务质量、提高经济效益和加强精神文明建设等方面成绩显著的，由政府主管部门给予奖励。
Article 47 Factory directors who have made outstanding achievements in leading the enterprises in fulfilling their plans, raising product or service quality, improving economic results or promoting cultural and ideological progress shall be rewarded by the competent department of the government.
第五章 职工和职工代表大会
Chapter V The Staff and Workers and the Staff and Workers' Congress
第四十八条 职工有参加企业民主管理的权利，有对企业的生产和工作提出意见和建议的权利；有依法享受劳动保护、劳动保险、休息、休假的权利；有向国家机关反映真实情况，对企业领导干部提出批评和控告的权利。女职工有依照国家规定享受特殊劳动保护和劳动保险的权利。
Article 48 The staff and workers of the enterprise shall have the right to participate in its democratic management; the right to put forward opinions and suggestions concerning its production and work; the right to enjoy, according to law, labour protection, labour insurance, rest and vacation; and the right to report the true situation to State organs and make criticisms and charges against the leading cadres of the enterprise. Women staff and workers shall have the right to enjoy special labour protection and labour insurance in accordance with the provisions of the State.
第四十九条 职工应当以国家主人翁的态度从事劳动，遵守劳动纪律和规章制度，完成生产和工作任务。
Article 49 The staff and workers should approach their work as the masters of the country that they are, observe labour discipline and the rules and regulations, and fulfil their tasks in production and work.
第五十条 职工代表大会是企业实行民主管理的基本形式，是职工行使民主管理权力的机构。
Article 50 The staff and workers' congress shall be the basic form for the practice of democratic management in the enterprise and the organ for the staff and workers to exercise their powers of democratic management.
职工代表大会的工作机构是企业的工会委员会。企业工会委员会负责职工代表大会的日常工作。
The working organ of the staff and workers' congress shall be the trade union committee of the enterprise. The trade union committee of the enterprise shall be responsible for the day-to-day work of the staff and workers' congress.
第五十一条 职工代表大会行使下列职权：
Article 51 The staff and workers' congress shall exercise the following functions and powers:
（一）听取和审议厂长关于企业的经营方针、长远规划、年度计划、基本建设方案、重大技术改造方案、职工培训计划、留用资金分配和使用方案、承包和租赁经营责任制方案的报告，提出意见和建议。
1) to hear and deliberate the factory director's reports on the policy of operation, long-term and annual plans, programmes for capital construction and major technical transformation, plans for the training of the staff and workers, programmes for the distribution and use of the retained funds and programmes for contract and leasing systems of managerial responsibility, and to put forward opinions and suggestions;
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（二）审查同意或者否决企业的工资调整方案、奖金分配方案、劳动保护措施、奖惩办法以及其他重要的规章制度。
2) to examine and endorse or to reject the enterprise's programmes for wage adjustment, programmes for bonus distribution, measures for labour protection, measures for awards and penalties and other important rules and regulations;
（三）审议决定职工福利基金使用方案、职工住宅分配方案和其他有关职工生活福利的重大事项。
3) to deliberate and decide on the programmes for the use of the staff and workers' welfare fund, programmes for the allocation of the staff and workers' housing and other important matters concerning the well-being and benefits of the staff and workers;
（四）评议、监督企业各级行政领导干部，提出奖惩和任免的建议。
4) to evaluate and supervise the leading administrative cadres at various levels of the enterprise and put forward suggestions for rewarding or punishing them and for their appointment or removal; and
（五）根据政府主管部门的决定选举厂长，报政府主管部门批准。
5) to elect, by decision of the competent department of the government, the factory director and report to such department for approval.
第五十二条 车间通过职工大会、职工代表组或者其他形式实行民主管理；工人直接参加班组的民主管理。
Article 52 Democratic management shall be practised in workshops through the general meetings of the staff and workers, through the staff and workers representative groups or through other forms; the workers shall participate directly in the democratic management of shifts and groups.
第五十三条 职工代表大会应当支持厂长依法行使职权，教育职工履行本法规定的义务。
Article 53 The staff and workers' congress shall support the factory director in exercising his functions and powers according to law and shall educate the staff and workers for the fulfilment of their obligations specified in this Law.
第六章 企业和政府的关系
Chapter VI The Relationship Between the Enterprises and the Government
（注：原“第五十五条 政府或者政府主管部门依照国务院规定统一对企业下达指令性计划，保证企业完成指令性计划所需的计划供应物资，审查批准企业提出的基本建设、重大技术改造等计划；任免、奖惩厂长，根据厂长的提议，任免、奖惩副厂级行政领导干部，考核、培训厂级行政领导干部。”已删除
Article 55 The government or the competent department of the government shall, in accordance with the provisions of the State Council, issue unified mandatory plans to the enterprises, ensure the supply of materials which are subject to planned allocation and needed by the enterprises for the fulfilment of mandatory plans, examine and approve plans submitted by the enterprises for capital construction and major technical transformation, appoint or remove, reward or punish factory directors, appoint or remove, reward or punish leading administrative cadres at the level of a vice-director of a factory, as proposed by factory directors, and examine and train leading administrative cadres at the factory level.）
第五十四条 政府有关部门按照国家调节市场、市场引导企业的目标，为企业提供服务，并根据各自的职责，依照法律、法规的规定，对企业实行管理和监督。
Article 54 The relevant departments of the government shall, in conformity with the objective that the State regulates the market and the market guides the enterprises, provide services for the enterprises and exercise administration and supervision over the enterprises in line with their respective functions and in accordance with the provisions of the laws and regulations. These departments shall:
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全民所有制工业企业法（中英双语逐条对照版）
