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Full text of the explanatory document on the application of disciplinary regulations to leaders of state-owned enterprises
Article 1 This Interpretation is formulated for the purpose of regulating the incorruptible practices of leaders of state-owned enterprises, ensuring the implementation of Several Provisions on Incorruptible Practices of Leaders of State-owned Enterprises (hereinafter referred to as "Several Provisions"), correctly handling acts violating these Provisions, and strengthening the anti-corruption construction of state-owned enterprises.

Article 2 party member, one of the leaders of state-owned enterprises who violated the "Several Provisions", shall be investigated for responsibility according to this interpretation.

Article 3 Whoever, in violation of the provisions of Item (1) of Article 4 of Several Provisions, decides on major decisions, important personnel appointment and dismissal, major project arrangements and large capital operation matters in the production and operation of enterprises in violation of decision-making principles and procedures shall be dealt with in accordance with the provisions of Article 61 of the Regulations on Disciplinary Actions within the Production Party of People's Republic of China (PRC).

Article 4 In violation of Article 4, paragraph 2 of Several Provisions, those who illegally handle matters such as enterprise restructuring, merger, reorganization, bankruptcy, asset appraisal, property right transaction, etc., shall be handled according to different situations:

(1) Those who conceal, intercept, transfer or misappropriate state-owned assets shall be dealt with in accordance with the provisions of Article 83 of the Regulations of China Municipality on Disciplinary Actions;

(two) privately dividing state-owned assets to individuals, in accordance with the provisions of article eighty-fourth of the "China * * * regulations on disciplinary action";

(3) Whoever takes advantage of his position to ask for or accept other people's property, illegally dispose of the rights and interests of state-owned assets, and seek benefits for others shall be dealt with in accordance with the provisions of Article 85 of the Regulations on Disciplinary Actions within the Party of People's Republic of China (PRC);

(four) fabricating or providing false financial reports shall be handled in accordance with the provisions of Article 125th of the Regulations on Disciplinary Actions in the Communist Party of China (CPC);

(five) do not perform or perform their duties correctly, resulting in the loss of state-owned assets, in accordance with the "China * * * regulations on disciplinary action of the production party" the provisions of article 127th.

Article 5. Violating the provisions of Item (3) of Article 4 of Several Provisions, engaging in investment, financing, guarantee, fund lending, entrusted financing, opening letters of credit for others, buying and selling goods and services, bidding and other activities. , should be dealt with according to different situations:

(1) Whoever, in violation of regulations, provides a guarantee for others with enterprise assets and opens a letter of credit shall be dealt with in accordance with the provisions of Article 12 1 of the Regulations on Disciplinary Actions of the Production Party of China;

(2) Those who invest, finance or borrow funds in violation of regulations, or entrust others with investment management of enterprise funds, securities and other financial assets in violation of regulations, shall be dealt with in accordance with the provisions of Article 126 of China's Regulations on Disciplinary Actions of the Production Party;

(three) in violation of the provisions of the purchase and sale of goods and services bidding, in accordance with the provisions of the "China * * * regulations on disciplinary action of the production party" 124th.

Article 6 Whoever, in violation of the provisions of Item (4) of Article 4 of Several Provisions, fails to go through the legal procedures for the preservation of state-owned assets without approval or approval, uses enterprise assets in the name of an individual or others to register a company outside the country (territory), invest in shares, purchase financial products, purchase real estate or engage in other business activities shall be dealt with in accordance with the provisions of Article 77 of the Regulations on Disciplinary Actions of People's Republic of China (PRC).

Article 7 Whoever, in violation of the provisions of Item 5 of Article 4 of Several Provisions, instigates, instigates or forces accounting personnel to carry out activities that violate the national financial discipline and enterprise financial system shall be dealt with in accordance with the provisions of the Regulations on Disciplinary Actions of the Production Party of China; If there is no clear stipulation, it shall be handled in accordance with the provisions of Article 126th of the Regulations on the Punishment of Producers and Parties in China.

Those who force accountants to carry out activities that violate the national financial discipline and enterprise financial system shall be given a heavier or heavier punishment.

Article 8 Whoever, in violation of the provisions of Item 6 of Article 4 of Several Provisions, decides the welfare benefits such as wages and housing subsidies of leaders at the corresponding level without the approval of the institutions and personnel departments that perform the duties of state-owned assets investors shall be dealt with in accordance with the provisions of Article 82 of the Regulations on Disciplinary Actions of People's Republic of China (PRC).

Article 9 Anyone who violates the provisions of Item (7) of Article 4 of Several Provisions and donates or sponsors without the decision of the collective leadership of the enterprise, or decides to donate or sponsor in a large amount without the approval of the institution that performs the duties of the investor of state-owned assets, shall be dealt with in accordance with the provisions of Article 61 of the Regulations on Disciplinary Actions of People's Republic of China (PRC).

Tenth in violation of the provisions of Article 5 (a) of the "Several Provisions", individuals engage in profit-making business activities and paid intermediary activities, or invest in similar business enterprises, affiliated enterprises and enterprises with business relations with their own enterprises, depending on the circumstances:

(a) individuals engaged in profit-making business activities and paid intermediary activities, in accordance with the "China * * * regulations on disciplinary action," the provisions of article seventy-seventh;

(two) in similar enterprises to invest in shares or participate in the operation, in accordance with the provisions of the "China * * * regulations on disciplinary action within the production party" 103rd;

(3) Where an affiliated enterprise of this enterprise or an enterprise that has business dealings with this enterprise invests in shares or participates in business activities, it shall be handled in accordance with the provisions of Article 112 of the Regulations on Disciplinary Actions of China Production Party.

Eleventh in violation of the provisions of the second paragraph of Article 5 of the "Several Provisions", accepting or demanding material benefits from affiliated enterprises of this enterprise, enterprises that have business dealings with this enterprise and management service objects shall be handled according to different circumstances:

(1) Those who accept material benefits from their affiliated enterprises, enterprises that have business dealings with their enterprises, management and clients after they are on the job or leave their jobs, and do not take advantage of the convenience or influence of their positions to seek benefits for the above-mentioned enterprises and clients, shall be dealt with in accordance with the provisions of Article 74 of China's Regulations on Disciplinary Actions within the Production Party;

(II) Whoever, by taking advantage of his position or influence, seeks benefits for the affiliated enterprises of this enterprise, enterprises that have business dealings with this enterprise and management service objects, accepts material benefits provided by the above-mentioned enterprises and objects on the job or after leaving the job, or demands material benefits from the above-mentioned enterprises and objects, shall be dealt with in accordance with the provisions of Article 85 of the Regulations on Disciplinary Actions of People's Republic of China (PRC) Municipality.

Article 12 Whoever, in violation of the provisions of Item (3) of Article 5 of the Several Provisions, buys or sells houses, automobiles and other articles from the entrusting party at a price significantly lower than the market price, or illegally accepts the property of the entrusting party in other forms of transactions, shall be dealt with in accordance with the provisions of Article 85 of the Regulations on Disciplinary Actions of the People's Republic of China (PRC) Production Party.

Article 13 Whoever, in violation of the provisions of Item (4) of Article 5 of Several Provisions, entrusts others to invest in securities and futures, or gains income without actual investment in the name of other entrusted financial management, or gains income significantly higher than the income due from investment, shall be dealt with in accordance with the provisions of Article 85 of the Regulations on Disciplinary Actions of People's Republic of China (PRC) Municipality.

Article 14 Whoever, in violation of Item (5) of Article 5 of Several Provisions, uses intangible assets or resources such as inside information, business secrets, intellectual property rights and business channels in the process of listing enterprises or mergers and acquisitions of listed companies to seek benefits for himself or his spouse, children and other specific related parties shall be dealt with according to different situations:

(1) If I or my spouse, children and other specific related parties use inside information to conduct securities and futures trading during the listing of enterprises or the merger, reorganization and private placement of listed companies, it shall be handled in accordance with the provisions of Article 111 of China's Regulations on Disciplinary Actions of Producers;

(2) If I or my spouse, children and other specific related parties use intangible assets or resources such as business secrets, intellectual property rights and business channels of the enterprise for profit-making activities, it shall be handled in accordance with the provisions of Article 103 of China's Regulations on Disciplinary Actions of Producers;

(3) In the process of listing, merger, acquisition, reorganization and private placement of a listed company, if the insider information, business secrets, intellectual property rights and business channels of the enterprise are provided to others, and the person or his spouse, children and other specific related parties ask for or accept other people's property, it shall be handled in accordance with the provisions of Article 85 of the Regulations on Disciplinary Actions of Producers.

Article 15 Whoever, in violation of the provisions of Item (6) of Article 5 of the Several Provisions, concurrently holds the leadership position of the invested enterprise in this enterprise or other enterprises, institutions, social organizations or intermediary institutions without approval, or takes part-time jobs with approval and receives remuneration and other income without authorization, shall be dealt with in accordance with the provisions of Article 77 of the Regulations on Disciplinary Actions against Party Discipline in People's Republic of China (PRC).

Article 16 Whoever, in violation of the provisions of Item (7) of Article 5 of the Several Provisions, misappropriates or privately divides the discount fees, agency fees, commissions, gifts and property awarded to enterprises by relevant departments and units shall be dealt with in accordance with the provisions of Article 83 of the Regulations on Disciplinary Actions of the Production Party of People's Republic of China (PRC).

Article 17. If my spouse, children and other specific related parties violate the first paragraph of Article 6 of the Several Provisions and invest in shares in the affiliated enterprises of this enterprise or enterprises that have business dealings with this enterprise, they shall be dealt with in accordance with the provisions of Article 112 of the Regulations on the Punishment of the Production Party of China.

Article 18 Whoever, in violation of the provisions of the second paragraph of Article 6 of the Several Provisions, entrusts, leases or contracts state-owned assets to his spouse, children and other specific related parties for operation shall be dealt with in accordance with the provisions of Article 104 of the Regulations on Disciplinary Actions of the People's Republic of China (PRC) Production Party.

Article 19 Whoever, in violation of the provisions of Item (3) of Article 6 of Several Provisions, takes advantage of his/her authority to facilitate his/her spouse, children and other specific related persons to engage in profit-making business activities shall be dealt with in accordance with the provisions of Article 104 of the Regulations on Disciplinary Actions within the Party of People's Republic of China (PRC).

Article 20 Whoever, in violation of Item 4 of Article 6 of the Several Provisions, uses his power to facilitate the other party and his spouse, children and other specific related parties to engage in profit-making business activities shall be dealt with in accordance with the provisions of Article 104 of the Regulations on Punishment of Producers and Parties in China.

Article 21 In violation of the provisions of Item (5) of Article 6 of the Several Provisions, if an enterprise invested or operated by my spouse, children and other specific related parties has economic business dealings with this enterprise or an enterprise with capital contribution relationship, which may infringe upon the interests of the public and enterprises, it shall be dealt with in accordance with the provisions of Article 112 of the Regulations on Disciplinary Actions of People's Republic of China (PRC) Production Party.

Twenty-second in violation of the provisions of article sixth (six) of the "Several Provisions", not according to the provisions of the withdrawal from work and official duties, in accordance with the provisions of article sixty-fifth of the "Regulations on Disciplinary Actions within the Party of People's Republic of China (PRC)".

Article 23 Whoever, in violation of Item 7 of Article 6 of Several Provisions, works in a private enterprise, a foreign-funded enterprise or an intermediary agency that has business dealings with the original enterprise within three years after leaving or retiring, or engages in business activities related to the business of the original enterprise in the above-mentioned enterprises and institutions, shall be dealt with in accordance with the provisions of Article 82 of the Regulations on Disciplinary Actions of People's Republic of China (PRC).

Twenty-fourth in violation of the provisions of Article 7 (a) of the Several Provisions, the budget of the institution that performs the duties of state-owned assets investors is exceeded, and it shall be handled in accordance with the provisions of Article 78 of the Regulations on Disciplinary Actions of State-owned Assets Investors.

Article 25 Whoever, in violation of the provisions of Item (2) of Article 7 of the Several Provisions, includes the expenses other than performing his duties in his post consumption shall be dealt with in accordance with the provisions of Article 126 of the Regulations on Disciplinary Actions in People's Republic of China (PRC).

If the expenses that should be borne by individuals are included in the duty consumption, they shall be handled in accordance with the provisions of Article 83 of the Regulations on Disciplinary Actions in the Communist Party of China (CPC).

Twenty-sixth in violation of the provisions of article seventh (three) of the "Several Provisions", in the business premises of a specific relationship, in accordance with the provisions of Article eighty-second of the "Regulations on Disciplinary Actions in the Communist Party of China (CPC)".

Twenty-seventh in violation of the provisions of the fourth paragraph of Article 7 of the "Several Provisions", not in accordance with the provisions of the public duty consumption, in accordance with the provisions of Article 126 of the "Regulations on Disciplinary Actions of China * * * Production Party".

Twenty-eighth in violation of the provisions of Article 7 (5) of the "Several Provisions", the use of public funds or disguised use of public funds for tourism shall be handled in accordance with the provisions of Article 78 of the Regulations on Disciplinary Actions of Producers.

Article 29 Whoever, in violation of the provisions of Item (6) of Article 7 of the Several Provisions, purchases or replaces automobiles, official charters, decorated offices, or adds high-grade office equipment during the period when the enterprise suffers non-policy losses or is in arrears with employees' wages shall be dealt with in accordance with the provisions of Article 78 of the Regulations on Disciplinary Actions of Producers in People's Republic of China (PRC).

Article 30 Whoever, in violation of the provisions of Item (7) of Article 7 of the Several Provisions, uses credit cards, bills and other forms for duty consumption without providing the original vouchers and corresponding explanations shall be dealt with in accordance with the provisions of Article 126 of the Regulations on Disciplinary Actions of the Production Party of People's Republic of China (PRC).

Article 31 Whoever, in violation of the first paragraph of Article 8 of the Several Provisions, fraudulently obtains honor, position, professional title, treatment or other benefits shall be dealt with in accordance with the provisions of Article 149 of the Regulations on Disciplinary Actions within the Party of Producers in China.

Article 32 Whoever, in violation of the provisions of the second paragraph of Article 8 of the Several Provisions, makes a big fuss about weddings, funerals and celebrations, causing adverse effects, or takes the opportunity to collect money, shall be dealt with in accordance with the provisions of Article 81 of the Regulations on Disciplinary Actions within the Party of Producers in China.

Article 33 Whoever, in violation of the provisions of Item (3) of Article 8 of Several Provisions, takes advantage of his authority and position to acquiesce or connive at his spouse, children and staff around him to engage in activities that may cause adverse effects shall be dealt with in accordance with the provisions of Article 82 of the Regulations on Disciplinary Actions within the Party of People's Republic of China (PRC).

Article 34 Whoever, in violation of Item 4 of Article 8 of Several Provisions, uses public funds to pay entertainment expenses unrelated to official duties shall be dealt with in accordance with Article 83 of the Regulations on Disciplinary Actions of Producers in People's Republic of China (PRC).

Article 35 Whoever, in violation of the provisions of Item (5) of Article 8 of the Several Provisions, rents a hotel for a long time with public funds under the condition that he has normal office and living place shall be dealt with in accordance with the provisions of Article 78 of the Regulations on Disciplinary Actions of China Production Party.

Thirty-sixth in violation of the provisions of the sixth paragraph of Article 8 of the "Several Provisions", ignoring the legitimate demands of employees and infringing on the legitimate rights and interests of employees, different situations shall be dealt with separately:

(a) ignore the legitimate demands of workers, involving the legitimate rights and interests of workers can be solved but not solved, in accordance with the provisions of Article 131 of the "Regulations on Disciplinary Actions of China * * * Production Party";

(two) violation of the legitimate rights and interests of workers, "China * * * production party disciplinary regulations" has clear provisions, in accordance with its provisions; If there is no clear stipulation, it shall be handled in accordance with the provisions of Article 148th of the Regulations on the Punishment of Producers and Parties in China.

Thirty-seventh in violation of the provisions of the seventh paragraph of Article 8 of the "Several Provisions", engaged in activities contrary to social morality, in accordance with the provisions of the "Regulations on Party Disciplinary Actions in People's Republic of China (PRC)". If there is no clear stipulation, it shall be handled in accordance with the provisions of Article 154th of the Regulations of China Municipality on the Punishment of Producers.