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据有关部门透露,由于职工安置和作为国有企业最大债权人的国家银行对破产的承受能力等方面的原因,当前国有企业实施破产难度较大。为此,新起草的《破产法》拟对国企破产规定特别内容,具体如下:一、国有企业作为债务人向法院申请破产时,应提交国家授权投资管理或主管该企业机构的同意其申请的文件,这样使破产后存在的两大难题,在向法院申请破产前就能有一个解决预案。二、规定国有企业依法取得的土地使用权应以拍卖或招标为主依法转让,出让金首先用于破产财产
According to the relevant departments, due to staff placement and the ability of state banks, which are the largest creditors of state-owned enterprises, to withstand bankruptcy, it is difficult for state-owned enterprises to undergo bankruptcy. To this end, the newly drafted “Bankruptcy Law” proposes special provisions for the bankruptcy of state-owned enterprises, as follows: 1. When a state-owned enterprise, as a debtor, applies to the court for bankruptcy, it shall submit a document authorizing the investment management of the state or the enterprise organization that agrees to its application. In this way, the two major problems that existed after bankruptcy could have a solution to the problem before applying to the court for bankruptcy. 2. It is stipulated that the land use rights of state-owned enterprises obtained by law shall be transferred by auction or tender based on law, and the transfer fees shall be used first for bankruptcy assets.