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《利用外资改组国有企业暂行规定》规定了产权转让、股权转让、债转股、资产转让和增资扩股五种改组方式。其规定的“债依人留、债随人走”的债务承继原则和职工代表大会介入改组程序、职工安置先行等措施,体现了保护债权人、企业职工、外国投资者的合法权益以及公平和效率相结合的精神,但在债权人利益和职工权益维护上仍有注意不够的地方。该规定的施行,使修改外商投资企业法的紧迫性更显突出。
The Provisional Regulations on the Reorganization of State-owned Enterprises by Utilizing Foreign Funds provided for five ways of restructuring such as transfer of property rights, transfer of equity interests, transfer of debts to shares, transfer of assets and increase of capital and share. The stipulation of the principle of debt inheritance and the principle of the debt reprieve of workers and staff representatives involved in reorganization procedures and worker placement prioritization reflect the legal rights and interests of creditors, enterprise workers and foreign investors as well as fair And the efficiency of the combination of the spirit, but in the interest of creditors and the protection of workers’ rights and interests there are still insufficient attention. The implementation of this provision made the urgency of revising the law on foreign-funded enterprises even more prominent.