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Several Provisions on Integrity for Leaders of State-owned Enterprises

The following is the latest release of several regulations on the integrity of leaders of state-owned enterprises for your reference. Release date: 2009-07-14 Chapter 1 General Provisions Article 1 is the norm These regulations are formulated in accordance with relevant national laws and regulations and intra-party regulations to ensure that leaders of state-owned enterprises engage in honest conduct, strengthen the anti-corruption and integrity building of state-owned enterprises, safeguard the interests of the country and investors, and promote the scientific development of state-owned enterprises. Article 2 These regulations apply to members of the leadership teams of wholly state-owned enterprises, state-controlled enterprises (including wholly state-owned financial enterprises and state-controlled financial enterprises) and their branches. Article 3 Leaders of state-owned enterprises shall abide by national laws and regulations and enterprise rules and regulations, operate in accordance with the law, be pioneering and innovative, work with integrity, be honest and trustworthy, effectively safeguard national interests, enterprise interests and the legitimate rights and interests of employees, and strive to achieve sound and rapid development of state-owned enterprises. . Chapter 2 Code of Conduct for Integrity Article 4 Leaders of state-owned enterprises shall effectively safeguard the interests of the country and investors. The following behaviors that abuse power and damage the rights and interests of state-owned assets are prohibited: (1) Violating the decision-making principles and procedures to determine major decisions on the production and operation of the enterprise, the appointment and dismissal of important personnel, major project arrangements, and large-amount capital operation matters; (2) Violating the regulations to handle the enterprise Matters such as restructuring, mergers, reorganization, bankruptcy, asset appraisal, property rights transactions, etc.; (3) Investment, financing, guarantees, borrowing funds, entrusted financial management, issuing letters of credit for others, purchasing and selling goods and services, bidding, etc. in violation of regulations; ( 4) Without approval or without going through the legal procedures for safeguarding state-owned assets after approval, use corporate assets in individual or other names to register companies, invest in shares, purchase financial products, purchase real estate, or conduct other business activities abroad (overseas); (5) Inspiring, instigating, and forcing accounting personnel to carry out activities that violate national financial disciplines and corporate financial systems; (6) Determining the salaries and wages of leaders at the same level without the approval of the institution that performs the responsibilities of a state-owned asset investor and the personnel department. Housing subsidies and other welfare benefits; (7) Deciding on donations and sponsorships without collective research by the enterprise’s leadership team, or deciding on large-scale donations and sponsorships despite collective research by the enterprise’s leadership team without the approval of an institution that performs the duties of a state-owned asset investor Matters; (8) Other behaviors that abuse power and damage the rights and interests of state-owned assets. Article 5 Leaders of state-owned enterprises shall faithfully perform their duties. No one shall engage in the following behaviors that use their authority to seek personal gain and harm the interests of the enterprise: (1) Individuals engage in for-profit business activities and paid intermediary activities, or invest in similar operating enterprises, affiliated enterprises, and enterprises that have business relationships with the enterprise Investing in shares; (2) Accepting and requesting material benefits from affiliated enterprises of the enterprise, enterprises with business relationships with the enterprise, as well as management and service objects while on the job or after leaving the company; (3) Asking for entrustment at a price that is significantly lower than the market price Purchase or sell houses, cars and other items to the client at prices significantly higher than the market price, and illegally accept property from the client in other forms of transactions; (4) Entrust others to invest in securities, futures or use other entrusted financial management names without actually contributing capital And obtain income, or although the actual investment is made, the income obtained is significantly higher than the income due to the investment; (5) Using inside information, business secrets and the intellectual property rights of the enterprise during the listing of the enterprise or the merger, reorganization, private placement, etc. of the listed company, Business pipelines and other intangible assets or resources to seek benefits for himself or his spouse, children and other specific related parties; (6) concurrently holding leadership positions in enterprises invested by the enterprise or other enterprises, institutions, social groups, and intermediaries without approval, Or, if approved to work part-time, receive salary and other income without authorization; (7) Appropriate discounts, agency fees, commissions, gifts from the company's economic transactions, as well as property rewarded by relevant departments and units due to corporate actions as one's own or Private division; (8) Other behaviors that use authority to seek personal gain and harm the interests of the enterprise. Article 6 Leaders of state-owned enterprises shall correctly exercise their business and management rights and prevent the occurrence of behaviors that may infringe the interests of the public and the interests of the enterprise. The following behaviors are not allowed: (1) My spouse, children and other specifically related persons invest in the company’s affiliated companies or companies that have business relationships with the company; (2) Entrust, lease, or contract state-owned assets to my spouse , children and other persons with specific relationships; (3) Using their powers to provide convenience for spouses, children and other persons with specific relationships to engage in for-profit business activities; (4) Using their powers to provide convenience for each other, their spouses, children and other persons with specific relationships Provide convenient conditions for engaging in for-profit business activities; (5) The enterprises invested or operated by my spouse, children and other specifically related persons have economic business with my enterprise or enterprises with capital contribution relationships that may infringe the interests of the public and the enterprise. (6) Should have avoided holding office and avoid official duties in accordance with regulations but did not avoid doing so; (7) Within three years after leaving office or retiring, holding positions or investing in shares in private enterprises, foreign-funded enterprises and intermediaries that have business relations with the original enterprise , or engage in or act as an agent in the above-mentioned enterprises or institutions in business activities related to the business of the original enterprise; (8) Other behaviors that may infringe the interests of the public and the enterprise.

Article 7 Leaders of state-owned enterprises shall be diligent and frugal and conduct official consumption in accordance with relevant regulations. The following behaviors are not allowed: (1) Exceeding the budget reported to the institution that performs the duties of a state-owned asset investor for official consumption; (2) Including expenses other than the performance of work responsibilities as official consumption; (3) In places operated by specific related parties Conducting official consumption; (4) Not disclosing official consumption in accordance with regulations; (5) Using public funds to travel or traveling in disguise; (6) Purchasing or replacing cars, official chartered flights, etc. when the enterprise suffers non-policy losses or is in arrears with employee wages Decorating the office, purchasing high-end office equipment, etc.; (7) Using credit cards, signing orders, etc. for professional consumption without providing original vouchers and corresponding explanations; (8) Other professional consumption that violates regulations and extravagant and wasteful behaviors. Article 8 Leaders of state-owned enterprises should strengthen their work style, focus on self-cultivation, enhance their awareness of social responsibility, and establish a good public image. The following behaviors are not allowed: (1) Fraud to obtain honor, position, title, treatment or other benefits; (2) Organize weddings and funerals to cause adverse effects, or take advantage of the opportunity to make money; (3) Acquiesce and condone spouses and children Taking advantage of his authority and status to engage in activities that may cause adverse effects with the staff around him; (4) Using public funds to pay for entertainment activities that have nothing to do with official business; (5) Using public funds to rent a hotel for a long time when there are normal office and living places ; (6) Ignore the legitimate demands of employees and infringe upon the legitimate rights and interests of employees; (7) Engage in activities that are contrary to social morality. Chapter 3 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 the company's articles of association, establish and improve a supervision and restriction mechanism, and ensure the implementation of these Provisions. The party committee (party group) secretary, chairman, and general manager of a state-owned enterprise are the main persons responsible for the implementation of these regulations in the enterprise. Article 10 Leaders of state-owned enterprises shall regard the implementation of these regulations as an important part of the democratic life meeting review, annual work report and democratic review of the workers' congress, and accept supervision and democratic review. Article 11 State-owned enterprises shall clarify decision-making principles and procedures, and report major decisions on production and operation, appointments and removals of important personnel, arrangements for major projects, and decisions on large-amount capital operation matters to the institution that performs the duties of a state-owned asset investor within the prescribed period. Report 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 discussion and approval by the workers' congress. Article 12 State-owned enterprises shall improve the democratic management system of enterprises with the workers' congress as the basic form, implement a system of disclosure of factory affairs, and report it to the institution that performs the duties of a state-owned asset investor for the record. Article 13 State-owned enterprises shall establish and improve a duty-based consumption system in accordance with relevant regulations, report to the institution that performs the duties of a state-owned asset investor for record, and disclose the duty-based consumption information to employees as part of the disclosure of factory affairs. Article 14 Leaders of state-owned enterprises shall report on an annual basis to the institution that performs the duties of a state-owned asset investor on their part-time jobs, investment in shares, overseas (overseas) deposits, and purchase of real estate, as well as their spouses and children’s employment and overseas settlement and related information. , and other matters that I think should be reported, and disclosed within a certain scope in an appropriate manner. Article 15 State-owned enterprises shall establish a leadership commitment system in conjunction with these regulations to regulate the leadership behavior as well as related behaviors after resignation and retirement. Article 16 Agencies and personnel departments that perform the duties of state-owned asset contributors shall improve the salary management system for leaders of state-owned enterprises and standardize and improve the incentive and restraint mechanisms in light of actual conditions. Article 17 Discipline inspection and supervision agencies, organizational and personnel departments, and institutions that perform the duties of state-owned asset investors shall conduct regular education and supervision of leaders of state-owned enterprises. Article 18 Institutions and audit departments that perform the duties of state-owned asset contributors shall carry out various audit supervisions in accordance with the law, strictly implement the audit system for the tenure and financial responsibility of state-owned enterprise leaders when they leave office, and establish and improve the coordinated operation mechanism for discipline inspection and audit supervision. . Article 19 Discipline inspection and supervision agencies at all levels, organizational and personnel departments, and disciplinary inspection and supervision agencies of institutions that perform the responsibilities of state-owned asset contributors shall supervise and inspect the implementation of these regulations by the leaders of state-owned enterprises under their jurisdiction. Discipline inspection and supervision agencies of state-owned enterprises shall, in conjunction with annual assessments, supervise and inspect the implementation of these regulations by the leaders of state-owned enterprises under their jurisdiction every year, make evaluations, and report to the enterprise party organization and superior discipline inspection and supervision agencies. Relevant agencies shall accept reports and accusations of violations of these regulations in a timely manner and make handling decisions or put forward handling suggestions. If reports and accusations of violations of these regulations meet the conditions for correspondence inquiry, correspondence inquiry shall be conducted in accordance with regulations. If retaliation is made against employees who report or accuse employees of violations of these regulations, the relevant responsible persons shall be held accountable. Article 20: The personnel departments of organizations at all levels and the institutions that perform the duties of state-owned asset investors shall regard the performance of integrity as an important part of the inspection and assessment of state-owned enterprise leaders and as an important basis for appointment and removal. Article 21 The board of supervisors of state-owned enterprises shall strengthen supervision of the integrity of state-owned enterprise leaders in accordance with relevant regulations.

Matters reported and filed in accordance with Articles 11 to 14 of these Regulations to the institution that performs the duties of a state-owned asset investor shall be copied to the board of supervisors of the enterprise at the same time. Chapter 4 Disposal of Violations of Provisions Article 22 If leaders of state-owned enterprises violate the behavioral norms listed in Chapter 2 of these Provisions, they will be given a warning, transferred from their posts, or demoted by relevant agencies according to their management authority, depending on the severity of the case. , removal from office. If disciplinary responsibility should be pursued, in addition to applying the provisions of the preceding paragraph, corresponding sanctions will be given in accordance with the relevant national laws and regulations depending on the severity of the case. The Communist Party members among them will be given corresponding party disciplinary sanctions in accordance with the "Regulations on Disciplinary Punishments of the Communist Party of China" depending on the severity of the case. Those suspected of committing crimes shall be transferred to judicial organs for handling in accordance with the law. Article 23 If leaders of state-owned enterprises receive warning talks, are transferred from their posts, demoted, or dismissed, their performance-based salaries and bonuses for the current year shall be reduced or withheld in full. Article 24 Leaders of state-owned enterprises who obtain improper economic benefits in violation of these regulations shall be ordered to retire; if they cause economic losses to state-owned enterprises, they shall bear financial compensation liability in accordance with relevant regulations of the state or the enterprise. Article 25 If a leader of a state-owned enterprise is demoted in violation of these regulations, he shall not be allowed to hold a position equal to or higher than his original position within two years. Those who are dismissed from office shall not be allowed to hold leadership positions in state-owned enterprises within two years; those who are dismissed for violating national laws and causing heavy losses to state-owned assets shall not be allowed to hold leadership positions in state-owned enterprises within five years. Those who constitute a crime and are sentenced to prison terms shall be prohibited from holding leadership positions in state-owned enterprises for life. Chapter 5 Supplementary Provisions Article 26 Persons other than members of the leadership team of state-owned enterprises who are responsible for the operation and management of state-owned assets and leaders of public institutions affiliated to state-owned enterprises shall refer to these regulations. Personnel responsible for the operation and management of state-owned assets in state-owned enterprises (including state-owned financial enterprises) shall refer to these regulations. Article 27 The institutions that perform the responsibilities of state-owned asset contributors as mentioned in these regulations include state-owned assets supervision and administration agencies at all levels as representatives of state-owned asset investors, government departments and other institutions that have not yet implemented the responsibilities of separate state-owned asset contributors. and the authorized operating parent company. The term “specially related persons” as mentioned in these regulations refers to persons who are close relatives and other persons with similar interests to the leaders of state-owned enterprises. Article 28 The State-owned Assets Supervision and Administration Commission of the State Council and all provinces, autonomous regions, and municipalities directly under the Central Government may formulate implementation measures in accordance with these regulations and submit them to the Central Commission for Discipline Inspection and the Ministry of Supervision for filing. The China Banking Regulatory Commission, the China Securities Regulatory Commission, the China Insurance Regulatory Commission, and wholly state-owned financial enterprises and state-controlled financial enterprises managed by the central government may formulate supplementary provisions to these regulations based on the actual conditions of the financial industry, and submit them to the Central Commission for Discipline Inspection and the Ministry of Supervision for filing. Article 29 These regulations shall be interpreted by the Central Commission for Discipline Inspection in consultation with the Central Organization Department and the Ministry of Supervision. Article 30 These regulations shall come into effect on the date of promulgation. The "Several Provisions on the Integrity of Leaders of State-owned Enterprises (Trial)" issued in 2004 were abolished at the same time. Any other relevant current regulations that are inconsistent with these regulations shall be governed by these regulations.