How to distinguish between state-owned enterprises and wholly state-owned companies

The difference between a wholly state-owned company and a wholly state-owned enterprise is as follows: (1) Legal basis Different wholly state-owned enterprises follow the National Enterprise Law, while wholly state-owned companies follow the Company Law. (2) The wholly state-owned enterprises with different management systems are funded by the government and subordinate to the government, and the factory director (manager) responsibility system appointed by the government or elected by the staff and workers and approved by the government is implemented, paying attention to the subordinate relationship; Under the guidance of the modern property rights system with clear property rights, clear rights and responsibilities, strict protection and smooth circulation, a wholly state-owned company establishes a clear modern state-owned property rights management system with assets as the link. (3) The board of supervisors of state-owned key large enterprises with different governance structures is dispatched by the State Council, responsible for the State Council, and supervises the state-owned assets of state-owned key large enterprises on behalf of the state. (4) The roles of managers are different. The factory director (manager) of a wholly state-owned enterprise is appointed by the superior and is the legal representative of the enterprise, which is in the core position in the production and operation of the enterprise. The general manager of a wholly state-owned company is appointed by and responsible to the board of directors, and is fully responsible for the daily operation and management of the enterprise according to the decision of the board of directors. There is an employment relationship between the board of directors and the general manager. Legal basis: Article 65 of the Company Law of People's Republic of China (PRC), the provisions of this section shall apply to the establishment and organization of wholly state-owned companies; Where there are no provisions in this section, the provisions in the first and second sections of this chapter shall apply. A wholly state-owned company as mentioned in this Law refers to a limited liability company which is solely funded by the state and authorized by the State Council or the local people's government to perform the responsibilities of the investor.