Compliance is the premise of enterprise's stability and long-term success, and compliance management ability is an important aspect of enterprise's competitiveness. The State-owned Assets Supervision and Administration Commission of the State Council issued the Measures for the Compliance Management of Central Enterprises (hereinafter referred to as the Measures), which provided direction and practical guidance for the construction of central enterprises ruled by law to enter substantive compliance and comprehensive compliance. A comprehensive and accurate understanding of the Measures is the basic premise for compliance construction to move from paper regulations to corporate culture.
Compliance requires not only legality, but also institutional requirements for enterprise management. Judging from the provisions of the Measures, compliance means that the operation and management behavior of enterprises and the performance of employees conform to the requirements of national laws and regulations, regulatory provisions, industry standards and international treaties and rules, as well as the articles of association and relevant rules and regulations. Among them, "law" is a code of conduct formulated or recognized by the state, but industry standards, articles of association and related rules and regulations are only internal and external norms at the level of corporate governance and do not belong to the category of "law". It can be seen that the extension of "regulation" is far greater than that of "law", and compliance includes but is not limited to legality.
It is worth noting that the compliance management of central enterprises involves many departments and jurisdictions. For example, the Measures stipulate that central enterprises should formulate specific systems or special guidelines for compliance management in key areas such as anti-monopoly, anti-commercial bribery, ecological environmental protection, safe production, labor and employment, tax management, data protection and other businesses with high compliance risks. At the same time, the Measures also clarify that major compliance risk events include major legal disputes, major administrative penalties, criminal cases, or cases sanctioned by international organizations. Such a statement is conducive to central enterprises to establish a correct concept of compliance and eliminate cognitive prejudice such as "compliance equals criminal compliance".
Compliance not only strengthens the system, but also devotes itself to the comprehensive innovation of enterprise organization, norms and culture. Therefore, the Measures have detailed provisions on management institutions and responsibilities, static management and dynamic management, compliance system and compliance culture. First of all, as far as the organization and responsibilities are concerned, the Measures stipulate that central enterprises should set up a chief compliance officer, who is also the general counsel, and embed compliance review as a necessary procedure in the operation and management process; Compliance review opinions on major decision-making matters shall be signed by the chief compliance officer, and major compliance risk events shall be led by the chief compliance officer to take timely measures to properly deal with them. These innovative regulations require the legal work of central enterprises to shift from legal support to enterprise management, and then form a new pattern of enterprise management with compliance as the core.
Secondly, from the perspective of system construction and operation mechanism, compliance management is the integration of static management and dynamic management. Static management focuses on "paper compliance", that is, the formulation, revision and improvement of the basic system, key areas and special guidelines for high-risk business of compliance management. However, compliance is not only a system, but also a way for enterprises to conduct business, forming a closed-loop procedure from risk identification, risk analysis, risk assessment, risk response to supervision and supervision. To this end, central enterprises have many obligations, such as pre-compliance review, compliance risk response report, violation rectification, violation investigation and handling, violation accountability, establishment and improvement of compliance management collaborative operation mechanism, and effectiveness evaluation of compliance management system.
Finally, compliance management is the coordination of behavior orientation and compliance culture. Culture is not deliberately presented, but naturally precipitated day after day, and so is compliance culture. Compliance code of conduct is conducive to the development of compliance culture, and compliance culture is conducive to the implementation of compliance code of conduct. On the basis of effective compliance management measures, the formation of corporate compliance culture is a natural result. Based on this, the "Measures" detailed the compliance culture with a special chapter, requiring central enterprises to incorporate compliance management into the special study of the rule of law of party committees (party groups), establish a training mechanism for normal combination rules, strengthen publicity and education, and promote the effective implementation of compliance management measures.
Compliance does not have to stop at central enterprises, but should become the same concept and cultural atmosphere of the whole society. Central enterprises are an important pillar of the national economy and an important subject to implement the strategy of comprehensively governing the country according to law. It is theoretically justified and practically necessary for SASAC to formulate the Measures for Promoting Central Enterprises to Strengthen Compliance Management and Effectively Prevent and Control Risks. Prior to this, the State-owned Assets Supervision and Administration Commission (SASAC) and the China Securities Regulatory Commission (CSRC) have conducted institutional exploration in the field of securities companies and securities investment fund management companies.
This method is applicable to central enterprises, but it can also be used as a reference for other enterprises. As peter drucker, the father of modern management, said, risk is the essence of business, and chasing and taking risks is the basic function of enterprises. Therefore, risks not only exist in central enterprises, but also compliance management cannot stop at central enterprises. Managing enterprises according to law is the premise and foundation for the long-term development of all enterprises. Based on the new requirements and objectives of strengthening compliance management, it is the economic and social responsibility of all enterprises and employees to accelerate the establishment of an effective compliance management system, enhance compliance management capabilities and achieve compliance management according to law.