Provisions on the Integrity of Leaders of State-owned Enterprises
The full text of "Several Provisions on the Integrity of Leaders in State-owned Enterprises" is as follows: Chapter I General Provisions Article 1 In order to standardize the integrity of employees in state-owned enterprises, strengthen the anti-corruption construction of state-owned enterprises, safeguard the interests of the state and investors, and promote the scientific development of state-owned enterprises, these Provisions are formulated in accordance with relevant state laws and regulations and inner-party regulations. Article 2 These Provisions shall apply to the members of the leading bodies of wholly state-owned enterprises, state-controlled enterprises (including wholly state-owned financial enterprises and state-controlled financial enterprises) and their branches. Article 3 * * Employees of state-owned enterprises shall abide by national laws and regulations and enterprise rules and regulations, operate according to law, be innovative, be honest and trustworthy, earnestly safeguard national interests, enterprise interests and legitimate rights and interests of employees, and strive to achieve sound and rapid development of state-owned enterprises. Chapter II Code of Conduct for Honest Practitioners Article 4 Employees of state-owned enterprises shall earnestly safeguard the interests of the state and investors. There shall be no abuse of power or damage to the rights and interests of state-owned assets: (1) deciding on major decisions, important personnel appointments and dismissals, major project arrangements and large-scale capital operations in the production and operation of enterprises in violation of decision-making principles and procedures; (two) in violation of the provisions of the enterprise restructuring, merger, reorganization, bankruptcy, asset evaluation, property rights transactions and other matters; (3) Investing, financing, guaranteeing, borrowing funds, entrusting financial management, opening letters of credit for others, buying and selling goods and services, bidding, etc. In violation of regulations; (4) Using enterprise assets to register companies, invest in shares, purchase financial products, purchase real estate or engage in other business activities outside the country (territory) without approval or after approval; (5) instigating, instigating or forcing accountants to carry out activities that violate the national financial discipline and enterprise financial system; (six) without the approval of the institutions and personnel departments that perform the duties of state-owned assets investors, decide the wages, housing subsidies and other welfare benefits of the staff at the corresponding level; (seven) decided to donate and sponsor without the collective research of the enterprise leadership, or decided to donate and sponsor in large quantities without the approval of the institution that performs the duties of the investor of state-owned assets through the collective research of the enterprise leadership; (eight) other acts of abuse of power and damage to the rights and interests of state-owned assets. Article 5 Members of state-owned enterprises shall faithfully perform their duties. (1) Individuals engage in profit-making business activities and paid intermediary activities, or invest in shares in similar business enterprises, affiliated enterprises and enterprises that have business dealings with this enterprise; (2) Accepting and soliciting material benefits provided by affiliated enterprises of this enterprise, enterprises that have business dealings with this enterprise and management and service objects; (3) buying or selling houses, cars and other items from the trustee at a price significantly lower than the market price, and illegally accepting the trustee's property by other forms of transactions; (4) Entrusting others to invest in securities and futures, or in the name of other entrusted wealth management, obtaining income without actual investment, or obtaining income obviously higher than the income due from investment; (5) Making use of 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 and private placement of listed companies to seek benefits for themselves or their spouses, children and other specific related parties; (six) without approval, in this enterprise or other enterprises, institutions, social organizations, intermediary agencies, or accept wages and other income without approval; (seven) discount fees, agency fees, commissions, gifts, and property rewarded by relevant departments and units for corporate behavior. , all for yourself or privately divide; (eight) other acts of using authority to seek personal gain and harm the interests of enterprises. Sixth * * members of state-owned enterprises should correctly exercise the right to operate and manage, and prevent acts that infringe on public interests and enterprise interests. The following acts are not allowed: (1) my spouse, children and other specific related parties invest in the affiliated enterprises of this enterprise or enterprises that have business dealings with this enterprise; (2) Entrusting, leasing or contracting state-owned assets to specific related parties such as spouses and children; (three) to provide convenient conditions for spouses, children and other specific stakeholders to engage in profit-making business activities by taking advantage of their functions and powers; (four) to use their powers to facilitate the other party and its spouse, children and other specific related parties to engage in profit-making business activities; (five) my spouse, children and other specific related parties to invest in or operate the enterprise and the enterprise or the enterprise with capital contribution relationship may infringe on the public interest and enterprise interests; (six) in accordance with the provisions of the duties and official duties that should be avoided but not avoided; (7) Having worked in a private enterprise, a foreign-funded enterprise or an intermediary agency with business relations with the original enterprise among the above-mentioned enterprises and institutions, invested in shares or engaged in business activities related to the business of the original enterprise within three years after leaving or retiring; (eight) other acts that may infringe upon the interests of the public and enterprises. Article 7 * * Employees of state-owned enterprises shall be diligent and thrifty, and make post consumption in accordance with relevant regulations. The following acts shall not be committed: (1) reporting off-budget job expenditures to institutions that perform the duties of investors of state-owned assets; (two) expenses other than performing duties are included in the duty consumption; (3) Making duty consumption at the place operated by a specific related party; (4) Failing to disclose job consumption in accordance with regulations; (5) Traveling with public funds or in disguised form; (six) the purchase or replacement of cars, official charter flights, office decoration, the purchase of high-grade office equipment. During the period when the enterprise suffers non-policy losses or is in arrears with employees' wages; (seven) the use of credit cards, bills and other forms of job consumption, without providing the original documents and corresponding information; (eight) other violations of duty consumption regulations and extravagance. Eighth state-owned enterprises * * * staff should strengthen the construction of work style, pay attention to self-cultivation, enhance social responsibility, and establish a good public image. The following acts shall not be carried out: (1) practicing fraud to defraud honor, position, professional title, treatment or other interests; (2) Taking advantage of weddings, funerals and celebrations to cause adverse effects, or taking the opportunity to collect money; (three) acquiescence, connivance, spouse, children and staff around me to engage in activities that may cause adverse effects by using their powers and positions; (four) using public funds to pay entertainment expenses unrelated to official duties; (five) in the case of normal office and living place, long-term rental of hotels with public funds; (six) ignoring the legitimate demands of employees and infringing on the legitimate rights and interests of employees; (7) engaging in activities that violate social morality. Chapter III Implementation and Supervision Article 9 State-owned enterprises shall formulate rules and regulations in accordance with these Provisions or incorporate the requirements of these Provisions into their articles of association, establish and improve the supervision and restriction mechanism, and ensure the implementation of these Provisions. The secretary, chairman and general manager of the Party Committee (Party Group) of state-owned enterprises are the main responsible persons for the implementation of these provisions. Article 10 * * Members of state-owned enterprises shall regard the implementation of these Provisions as an important part of democratic life meetings, annual debriefing and democratic appraisal of workers' congresses, and accept supervision and democratic appraisal. Article 11 State-owned enterprises shall clarify the principles and procedures of decision-making, and report the decisions on major production and operation decisions, important personnel appointment and dismissal, major project arrangements and large-scale capital operation matters to the institutions that perform the duties of state-owned assets investors within the prescribed time limit, and report the matters involving the vital interests of employees to the workers' congress. Matters that need to be discussed and approved by the workers' congress shall be implemented after being discussed and approved by the workers' congress. Twelfth state-owned enterprises should improve the democratic management system of enterprises with the workers' congress as the basic form, implement the system of making factory affairs public, and report to the institutions that perform the duties of state-owned assets investors for the record. Article 13 State-owned enterprises shall, in accordance with the relevant provisions, establish and improve the system of post consumption, report it to the institution that performs the duties of the investor of state-owned assets for the record, and disclose the post consumption to employees as the content of factory affairs disclosure. Article 14 * * Members of state-owned enterprises shall report their overseas part-time jobs, investment in shares, deposits and purchases of real estate outside the country (territory), spouses and children's employment and settlement abroad and other matters that I think should be reported to the institutions that perform the duties of investors of state-owned assets every year, and make them public within a certain scope in an appropriate manner. Fifteenth state-owned enterprises shall, in combination with these regulations, establish a staff commitment system to regulate the employment behavior of employees and related behaviors after leaving and retiring. Sixteenth institutions and personnel departments that perform the duties of state-owned assets investors should improve the salary management system of state-owned enterprises, standardize and improve the incentive and restraint mechanism. Seventeenth discipline inspection and supervision organs, organizations and personnel departments and institutions that perform the duties of state-owned assets investors shall conduct regular education and supervision of state-owned enterprises. Article 18 Institutions and auditing departments that perform the duties of investors of state-owned assets shall carry out various auditing supervision according to law, strictly implement the auditing system of economic responsibility of employees of state-owned enterprises during their term of office and leaving office, and establish and improve the coordinated operation mechanism of discipline inspection and supervision and auditing supervision. Nineteenth discipline inspection and supervision organs at all levels, the organization and personnel departments and the discipline inspection and supervision institutions that perform the duties of state-owned assets investors shall supervise and inspect the implementation of these Provisions by the staff of state-owned enterprises under their jurisdiction. Discipline inspection and supervision institutions of state-owned enterprises shall, in combination with the annual assessment, supervise and inspect the implementation of these Provisions by members of state-owned enterprises under their jurisdiction every year, make an assessment and report to the party organizations of enterprises and the discipline inspection and supervision institutions at higher levels. In violation of the provisions of the report and accusation, the relevant authorities shall promptly accept, and make a decision or make suggestions. If the report and accusation of acts in violation of these provisions meet the inquiry conditions, the inquiry shall be made in accordance with the provisions. Those who retaliate against employees who report and accuse violations of these provisions shall be held accountable. Article 20 Personnel departments at all levels and institutions that perform the duties of investors of state-owned assets shall regard the situation of honest employment as an important part of the inspection and assessment of employees of state-owned enterprises and an important basis for appointment and dismissal. Twenty-first the board of supervisors of state-owned enterprises shall, in accordance with the relevant provisions, strengthen the supervision of the integrity of employees of state-owned enterprises. According to Articles 11 to 14 of these Provisions, matters reported and put on record to institutions that perform the duties of investors of state-owned assets shall be copied to the board of supervisors of enterprises at the same time. Chapter IV Handling of Acts in Violation of Provisions Article 22 Employees of state-owned enterprises who violate the code of conduct listed in Chapter II of these Provisions shall be given warning talks, transferred from their posts, demoted and dismissed according to the management authority, depending on the seriousness of the case. Those who should be investigated for disciplinary responsibility, in addition to the provisions of the preceding paragraph, shall be punished according to the relevant laws and regulations of the state according to the seriousness of the case. For * * *, depending on the seriousness of the case, in accordance with the "China * * * Regulations on Disciplinary Actions" to give the corresponding disciplinary action. Anyone suspected of committing a crime shall be transferred to judicial organs for handling according to law. Twenty-third staff of state-owned enterprises who are warned to talk, transferred, demoted or dismissed shall be reduced or all their performance pay and bonuses. Twenty-fourth staff of state-owned enterprises in violation of regulations to obtain illegitimate economic benefits, should be ordered to repel; If economic losses are caused to state-owned enterprises, they shall be liable for economic compensation in accordance with the relevant provisions of the state or enterprises. Twenty-fifth staff of state-owned enterprises in violation of the provisions of the demotion, two years shall not be equal to or higher than their original positions. Those who have been removed from office shall not hold leadership positions in state-owned enterprises within two years; Those who have been dismissed for violating state laws and causing heavy losses to state-owned assets shall not hold leadership positions in state-owned enterprises within five years. Those who constitute a crime and are sentenced to punishment shall not hold leadership positions in state-owned enterprises for life. Chapter V Supplementary Provisions Article 26 The personnel other than the members of the leading bodies of state-owned enterprises responsible for the management of state-owned assets and the members of the * * * institutions of state-owned enterprises shall be governed by these Provisions. The personnel responsible for the operation and management of state-owned assets in state-owned joint-stock enterprises (including state-owned joint-stock financial enterprises) shall refer to these provisions. Article 27 The institutions that perform the responsibilities of investors of state-owned assets as mentioned in these Provisions include state-owned assets supervision and administration institutions at all levels as representatives of investors of state-owned assets, government departments and other institutions that have not performed the responsibilities of investors alone, and parent companies authorized to operate. The term "special related party" as mentioned in these Provisions refers to people who have close relatives and other common interests with employees of state-owned enterprises. Article 28 SASAC in the State Council, all provinces, autonomous regions and municipalities directly under the Central Government may formulate implementation measures according to these Provisions and report them to the Central Commission for Discipline Inspection and the Ministry of Supervision for the record. The China Banking Regulatory Commission, the China Securities Regulatory Commission, the China Insurance Regulatory Commission, and the wholly state-owned financial enterprises and state-controlled financial enterprises managed by the central government may, according to the actual situation of the financial industry, formulate supplementary provisions to these Provisions and report them to the Central Commission for Discipline Inspection and the Ministry of Supervision for the record. Article 29 These Provisions shall be interpreted by the Central Commission for Discipline Inspection in consultation with the Organization Department and Supervision Department of the Central Committee. Thirtieth the provisions shall come into force as of the date of promulgation. In 2004, "Several Provisions on the Integrity of Employees in State-owned Enterprises (Trial)" was abolished at the same time. Other existing relevant provisions, which are inconsistent with these provisions, shall prevail.