Regulations on the Punishment of Management Personnel of State-owned Enterprises

Regulations on the Punishment of Management Personnel of State-owned Enterprises

Chapter IGeneral Provisions

Article 1In order to standardize the punishment of the management personnel of state-owned enterprises and strengthen the supervision of the management personnel of state-owned enterprises, these regulations are formulated in accordance with the "the People's Republic of China Public Officials Administrative Punishment Law" (hereinafter referred to as the Public Officials Administrative Punishment Law) and other laws.

Article IIThe term "management personnel of state-owned enterprises" as mentioned in these Regulations refers to the following public officials in state-funded enterprises:

(I) personnel who perform such duties as organization, leadership, management and supervision in wholly state-owned or wholly-owned companies and enterprises;

(II) personnel who have been nominated, recommend, appointed and approved by party organizations or state organs, wholly state-owned or wholly-owned companies, enterprises and institutions to perform the duties of organization, leadership, management and supervision in state-owned holding or shareholding companies and their branches;

(III) the personnel who, with the approval or research decision of the organization responsible for the management and supervision of state-owned assets in the state-funded enterprise, engage in the organization, leadership, management, supervision and other work on behalf of the state-owned holding company, the company and its branches.

Organs and units for the appointment and removal of managers of state-owned enterprises (hereinafter referred to as appointment and removal organs and units) shall impose sanctions on managers of state-owned enterprises that violate the law, and the provisions of Chapters II and III of the Administrative Punishment Law for Public Officials and these regulations shall apply.

Article IIIThe punishment of managers of state-owned enterprises adheres to the leadership of the Communist Party of China, adheres to the principle of the Party's management of cadres, strengthens the construction of the management team of state-owned enterprises, and promotes the high-quality development of state-owned enterprises.

Article 4Appointment and removal organs and units should strengthen the education, management and supervision of managers of state-owned enterprises. To impose sanctions on the management personnel of state-owned enterprises, we should adhere to fairness and fairness, and make decisions through collective discussion; adhere to the principle of combining leniency and strictness, combining punishment with education; adhere to the principle of the rule of law, take facts as the basis, and take the law as the criterion, and protect the management personnel of state-owned enterprises and related personnel in accordance with the law. Legal rights and interests.

Article VInstitutions that perform the responsibilities of investors or departments with cadre management authority shall, in accordance with laws, regulations and relevant national regulations, guide state-owned enterprises to integrate and optimize supervision resources, promote the connection between investor supervision and discipline inspection supervision, inspection supervision, audit supervision, accounting supervision, social supervision, etc., improve the coordinated and efficient supervision mechanism, and establish an internal supervision and management system that cooperates and restricts each other, strengthen the systematic, targeted and effective supervision of state-owned enterprises and their managers.

ARTICLE VIThe punishment given to the management personnel of state-owned enterprises shall be clear in fact, conclusive in evidence, accurate in nature, appropriate in handling, legal in procedure and complete in formalities, and shall be commensurate with the nature, circumstances and degree of harm of their illegal acts.

Chapter IITypes and application of the method

Article VIIThe types of the penalty are:

(I) warnings;

(II) demerits;

(III) to record major demerits;

(IV) degradation;

(V) removal from office;

(VI) fired.

Article 8The penalty period is:

(I) warning,6 months;

(II) remember,12 months;

(III) remember big demerits,18 months;

(IV) demotion, removal,24 months.

The disciplinary decision shall take effect from the date of making, and the instalments shall be calculated from the date of entry into force of the disciplinary decision.

Article IXIf a manager of a state-owned enterprise commits two or more illegal acts that require punishment at the same time, the punishment shall be determined separately. If the types of sanctions to be given are different, the heaviest sanctions shall be executed; if multiple sanctions of the same type should be given below dismissal, the instalments may be determined below one instalment and below the sum of the instalments, but the maximum shall not exceed 48 months.

Article XIf a state-owned enterprise commits an illegal act or a decision made by the management personnel of a state-owned enterprise collectively violates the law, it shall be investigated for legal responsibility, and the management personnel of the state-owned enterprise who are responsible and directly responsible shall be punished.

state-owned enterprise management personnelIf two or more persons jointly violate the law and need to be punished, they shall be given corresponding sanctions according to their respective responsibilities.

Article 11If a manager of a state-owned enterprise has one of the following circumstances, he may be given a lighter or mitigated punishment:

(I) take the initiative to confess their illegal acts that should be punished;

(II) cooperate with the investigation and truthfully explain the facts of the violation of the law;

(III) report other people's illegal acts, which are verified to be true;

(IV) take measures on their own initiative to effectively avoid and recover losses or eliminate adverse effects;

(V) play a secondary or auxiliary role in the joint violation;

(VI) voluntarily turn in or refund or compensation for illegal gains;

(VII) belongs to the mistakes and errors that occurred in promoting the reform of state-owned enterprises due to lack of experience and early and first trial;

(VIII) other mitigating or mitigating circumstances as provided by laws and regulations.

To give a lighter punishment means to give a lighter punishment within the range of punishment for illegal acts stipulated in these regulations.

The term "mitigated punishment" refers to a reduction of one level of punishment beyond the range of punishment for illegal acts stipulated in these regulations.

Article 12If the circumstances of the illegal acts of the managers of state-owned enterprises are minor and have one of the circumstances specified in the first paragraph of Article 11 of these regulations, they may be reminded by conversation, criticized and educated, ordered to inspect or admonished, and shall be exempted or not punished.

Managers of state-owned enterprises who are coerced or coerced to participate in illegal activities because they do not know the truth, and show repentance after criticism and education, may be mitigated, exempted or not punished.

Article 13If a manager of a state-owned enterprise has one of the following circumstances, he shall be given a heavier punishment:

If the (I) intentionally violates the law again within the division, he shall be punished;

(II) prevent others from reporting and providing evidence;

(III) colluding with confessions or forging, concealing or destroying evidence;

(IV) harbouring co-conspirators;

(V) coerce or instigate others to commit illegal acts;

The (VI) refuses to turn in or refunds the illegal income;

(VII) other serious circumstances as stipulated by laws and regulations.

To give a heavier punishment means to give a heavier punishment within the range of punishment for illegal acts stipulated in these regulations.

Article 14The managers of state-owned enterprises shall not be promoted to their positions, post grades and titles within the period of time. Among them, those who have been demerit, demerit, demotion or dismissal shall not be promoted to the salary level. If he is removed from office, his post or post shall be downgraded, and his remuneration shall be reduced. If dismissed, the employing unit shall terminate the labor contract according to law.

Article XVThe property illegally obtained by the managers of state-owned enterprises and the property used for illegal acts shall be returned to the owner or the original holder, except for those that shall be confiscated, recovered or ordered to be returned by the relevant authorities in accordance with the law.

The appointment and removal organs and units shall correct or recommend the relevant organs, units and organizations to correct the position, rank, grade, post and other benefits obtained by the managers of state-owned enterprises as a result of illegal acts.

Article 16If a retired manager of a state-owned enterprise who has committed an illegal act before or after retirement should be punished, he will no longer make a decision on punishment, but he may file a case for investigation; if he should be demoted, dismissed or dismissed according to law, his treatment shall be adjusted accordingly in accordance with the provisions, and the property he has obtained illegally and his property used for illegal acts shall be dealt with in accordance with the provisions of Article 15 of these regulations.

Chapter IIIViolations and applicable sanctions

Article 17If a manager of a state-owned enterprise commits any of the following acts, he shall be demerit or major demerit in accordance with the provisions of Article 28 of the Administrative Punishment Law for Public Officials; if the circumstances are serious, he shall be demoted or dismissed; if the circumstances are serious, he shall be expelled:

(I) spread statements that are detrimental to upholding and improving the basic socialist economic system;

(II) refuse to implement or fail to implement in a disguised form the decisions and deployments related to the reform and development of state-owned enterprises and the construction of the Party;

(III) harm national security and national interests in foreign economic cooperation, foreign aid and foreign exchanges.

Those who publicly publish articles, speeches, declarations, statements, etc. that oppose the national guiding ideology established by the Constitution, oppose the leadership of the Communist Party of China, oppose the socialist system, and oppose reform and opening up shall be expelled.

Article 18If a manager of a state-owned enterprise commits any of the following acts, he shall be given a warning, demerit or major demerit in accordance with the provisions of Article 30 of the Administrative Punishment Law for Public Officials; if the circumstances are serious, he shall be demoted or dismissed:

(I) in violation of the prescribed decision-making procedures, duties and powers to decide on major decision-making matters, important personnel appointment and dismissal matters, major project arrangements, and large-amount fund operation matters of state-owned enterprises;

(II) deliberately evade, interfere with, or undermine collective decision-making, and individuals or a small number of people decide on major decision-making matters, important personnel appointments and dismissals, major project arrangements, and large-amount fund operations of state-owned enterprises;

(III) refuse to implement or arbitrarily change the major decisions made by the party committee (group) meeting, shareholder (large) meeting, board of directors, and employee representative assembly of state-owned enterprises in accordance with the law;

The (IV) refuses to implement or fails to implement in a disguised form, or delays the implementation of the decisions made by the institutions, industry management departments and other relevant departments that perform the duties of investors in accordance with the law.

Article 19If a manager of a state-owned enterprise commits any of the following acts, he shall be given a warning, demerit or major demerit in accordance with the provisions of Article 33 of the Administrative Punishment Law for Public Officials; if the circumstances are serious, he shall be demoted or dismissed; if the circumstances are serious, he shall be dismissed:

(I) taking advantage of his position to embezzle, steal, defraud or illegally occupy or misappropriate the property and customer assets of the enterprise and its affiliated enterprises by other means;

(II) take advantage of their positions to solicit property from others or illegally accept property from others in order to seek benefits for others;

(III), for the purpose of seeking illegitimate interests, offer bribes to state organs, state-funded enterprises, institutions, and people's organizations, or to state functionaries, employees of enterprises or other units, foreign public officials, and officials of public international organizations;

(IV) use their powers or positions to seek private gains for themselves or others in major matters concerning the rights and interests of investors of state-owned assets, as well as in project construction, asset disposal, publication and distribution, bidding and other activities in violation of regulations;

(V) connive at or acquiesce in the pursuit of private interests in major matters concerning the rights and interests of investors in state-owned assets and in the operation and management activities of the enterprise by using the influence of their functions and powers or positions;

(VI) violate the regulations and privately divide state-owned assets to individuals in the name of units.

Refuses to correct the specific relationship in violation of the provisions of the post, part-time or engaged in business activities, and does not obey the post adjustment, shall be dismissed.

Article 20If a manager of a state-owned enterprise commits one of the following acts, in accordance with the provisions of Article 35 of the Administrative Punishment Law for Public Officials, if the circumstances are serious, he shall be given a warning, demerit or major demerit; if the circumstances are serious, he shall be demoted or dismissed:

(I) exceeding the total amount of wages or paying wages, or setting and paying wage income in other forms such as allowances, subsidies, bonuses, etc. in addition to the total amount of wages;

(II) failing to exercise budgetary management of total wages, or failing to perform the procedures for filing or approving total wages as required;

(III), in violation of regulations, set their own salaries, awards, allowances, subsidies and other welfare monetary income;

(IV) exceed the prescribed standards and scope in terms of training activities, office space, official vehicles, business entertainment, travel expenses, etc;

Travel (V) public funds or travel in disguised form in the name of study and training, investigation and research, and recuperation of employees.

Article 21If a manager of a state-owned enterprise commits any of the following acts, he shall be given a warning, demerit or major demerit in accordance with the provisions of Article 36 of the Administrative Punishment Law for Public Officials; if the circumstances are serious, he shall be demoted or dismissed; if the circumstances are serious, he shall be dismissed:

In violation of regulations, individuals (I) run businesses, own shares or securities of non-listed companies (enterprises), engage in paid intermediary activities, register companies outside the country (territory), or invest in for-profit activities;

(II) take advantage of his position to operate for others an enterprise of the same type of operation as the one he holds;

(III), in violation of the regulations, hold concurrent posts in the enterprises funded by the enterprise or other enterprises, institutions, social organizations, intermediary institutions, international organizations, etc. without approval;

(IV) approved part-time job, but receive salary or other income in violation of regulations;

(V) use the inside information of the enterprise or other undisclosed information, trade secrets, intangible assets, etc. for personal gain.

Article 22If a manager of a state-owned enterprise infringes upon the legitimate rights and interests of the service object or the social public interest in the process of performing his duty of providing social public services, and is verified by the regulatory authorities and puts forward punishment suggestions, if the circumstances are serious, he shall be given a warning, recorded a demerit or recorded a major demerit; if the circumstances are serious, he shall be dismissed; if the circumstances are particularly serious, he shall be dismissed.

Article 23If a manager of a state-owned enterprise commits one of the following acts, resulting in the loss of state-owned assets or other serious adverse consequences, he shall be given a warning, demerit or major demerit in accordance with the provisions of Article 39 of the Law on the Punishment of Public Officials; if the circumstances are serious, he shall be demoted or dismissed; if the circumstances are serious, he shall be expelled:

(I) withholding, appropriating, misappropriating or defaulting on budgetary revenues that should be turned over to the State Treasury;

(II) violation of regulations, failure to perform or improper performance of business investment duties;

(III), in violation of regulations, conduct related transactions, carry out financing trade, false transactions, false joint ventures, affiliated operations and other activities;

(IV), within the time limit prescribed by the state, fail to handle or fail to handle truthfully the registration of the property rights of state-owned assets of enterprises, or forge, alter, lease, lend or sell the registration certificate (form) of the property rights of state-owned assets;

(V) refuse to provide relevant information or compile false data and information, resulting in distorted performance evaluation results of state-owned enterprises;

(VI) conceal the true situation of the enterprise, fail to truthfully provide relevant information and materials to intermediary service agencies such as accounting firms, law firms, and asset appraisal agencies, or collude with intermediary service agencies such as accounting firms, law firms, and asset appraisal agencies to commit fraud.

Article 24If a manager of a state-owned enterprise commits any of the following acts, he shall be given a warning, demerit or major demerit in accordance with the provisions of Article 39 of the Law on the Punishment of Public Officials; if the circumstances are serious, he shall be demoted or dismissed; if the circumstances are serious, he shall be dismissed:

(I) money laundering or participating in money laundering;

(II) absorbing clients' funds without accounting, illegally absorbing public deposits or absorbing public deposits in a disguised form, and participating in private lending in violation of regulations or in a disguised form;

(III) in violation of the provisions of the loan or the loan principal reduction, suspension, reduction, suspension, interest-free, extension, etc., the write-off of bad debts, disposal of non-performing assets;

(IV) issue financial instruments, provide guarantees, and accept, pay or guarantee illegal instruments in violation of regulations;

(V) breach of fiduciary obligations, unauthorized use of client funds or other entrusted or trust assets;

(VI) counterfeit or alter currency, precious metals, financial instruments or state-issued securities;

(VII) forges, alters, transfers, leases or lends the operating license or approval documents of a financial institution, or establishes a financial institution or issues stocks or bonds without approval;

(VIII) fabricating and disseminating false information affecting securities and futures trading, manipulating securities and futures markets, providing false information or falsifying, altering or destroying trading records to induce investors to buy or sell securities and futures contracts;

(IX) make false claims or participate in insurance fraud;

(X) steal, buy or illegally provide other people's credit card information and other citizens' personal information.

Article 25If a manager of a state-owned enterprise commits any of the following acts, resulting in adverse consequences or effects, he shall be warned, demerit or major demerit in accordance with the provisions of Article 39 of the Administrative Punishment Law for Public Officials; if the circumstances are serious, he shall be demoted or dismissed; if the circumstances are serious, he shall be expelled:

(I) divulge inside information or trade secrets of the enterprise;

(II) forges, alters, transfers, leases or lends administrative licenses and qualification certificates, or leases or lends the name of a state-owned enterprise or the name of the enterprise;

(III) borrowing or disguised borrowing of local government debts in violation of regulations;

(IV) violation of regulations outside the the People's Republic of China to cause major project quality problems, major labor disputes or other serious consequences;

(V) failure to perform or fail to perform the duties of safety production management in accordance with the law, resulting in production safety accidents;

(VI) are formalistic and bureaucratic in their work, such as perfunctory coping, prevarication, or one-sided understanding and mechanical implementation of the party and state's line, principles and policies, and major decision-making and deployment;

(VII) refuse, obstruct, or delay the investor supervision, audit supervision, and accounting supervision carried out in accordance with the law, or refuse to rectify, prevaricate, or falsely rectify the problems found in the investor supervision, audit supervision, and accounting supervision;

(VIII) fail to provide relevant information, submit relevant reports or perform information disclosure obligations in accordance with the law, or cooperate with other entities to engage in violations of laws and regulations;

Infringement on the legitimate rights and interests of labourers (IX) failure to perform their statutory duties or exercise their powers in violation of the law;

(X), in violation of regulations, refuse or delay the payment of small and medium-sized enterprises, migrant workers' wages, etc;

(11) Instigating, instigating, imposing, conniving at or shielding subordinates in violation of laws and regulations.

Chapter IVProcedures for Disposition

Article 26Appointment and removal organs and units shall, in accordance with the authority of cadre management, impose sanctions on state-owned enterprise managers who have committed illegal acts as stipulated in these regulations, so as to protect the legitimate rights and interests of state-owned enterprise managers and related personnel.

The appointment and removal organs and units shall, in the light of the actual situation of the organizational form and organizational structure of the state-owned enterprise, clearly define the internal departments or institutions (hereinafter referred to as the undertaking departments) that undertake the punishment of the management personnel of the state-owned enterprise, as well as their duties and powers, and operating mechanisms.

Article 27The investigation and handling of the management personnel of state-owned enterprises suspected of violating the law shall be carried out by more than two staff members and shall be handled in accordance with the following procedures:

(I) with the consent of the person in charge of the appointment and removal agency or unit, the undertaking department will conduct a preliminary verification of the clues to the problems that need to be investigated and handled;

(II), after preliminary verification, if the undertaking department believes that the management personnel of the state-owned enterprise are suspected of violating the law on the administrative penalties for public officials and the provisions of these regulations, and further investigation is needed, the case shall be filed with the approval of the appointment and removal organ and the principal person in charge of the unit, and the state-owned enterprise under investigation shall be informed in writing of the person under investigation (hereinafter referred to as the person under investigation) and his unit, And report to as the supervisory authority;

The (III) undertaking department shall be responsible for further investigation of the illegal acts of the person under investigation, collect and verify relevant evidence and materials, understand the situation from relevant units and personnel, form a written investigation report, and report to the person in charge of the appointment and removal organ and unit, and the relevant units and individuals shall provide the information truthfully;

The (IV) undertaking department shall inform the investigated person of the facts found in the investigation and the basis for the proposed punishment, listen to his statement and defense, verify the facts, reasons and evidence put forward by him, and record them in the case. If the facts, reasons and evidence put forward by the investigated person are established, they shall be adopted;

After examination, the (V) undertaking department puts forward handling suggestions, reports them to the leading members of the appointment and removal organs and units for collective discussion according to the procedures, and makes a decision on giving punishment, exempting punishment, not giving punishment or withdrawing the case to the investigated person, and notifies the supervisory organ with administrative authority;

The (VI) appointment and removal organs and units shall, from the date of making the decision in Item 5 of the first paragraph of this Article.Within 1 month, notify the person under investigation and his or her unit in writing of the decision on the punishment, exemption from punishment, non-punishment or cancellation of the case, and announce within a certain range that if state secrets, trade secrets or personal privacy are involved, it shall be handled in accordance with the relevant provisions of the State;

The (VII) undertaking department shall include the relevant decisions and implementation materials of the punishment into the investigated person's own files, and at the same time collect the relevant materials to form the working files of the punishment case.

It is strictly forbidden to collect evidence by illegal means such as threat, inducement and deception. Evidence collected in an illegal manner may not be used as a basis for disciplinary action. The punishment shall not be aggravated by the defense of the person under investigation.

Article 28In the process of investigating major illegal cases, if there is a real need, you can consult the supervisory organ with administrative authority to provide necessary support.

If the illegal situation is complex, involves a wide range of areas or causes significant impact, and there are difficulties in investigation and verification by the appointment and removal organs or units, with the consent of the responsible persons of the appointment and removal organs or units, they may consult with the supervisory organs with administrative authority to deal with them.

Article 29A decision shall be made within 6 months from the date of filing the case; if the case is complicated or there are other special circumstances, it may be appropriately extended with the approval of the main person in charge of the appointment and removal organ or unit, but the extension period shall not exceed 6 months.

Article 30If it is decided to give a disposition, a written decision on the disposition shall be made.

The following matters shall be specified in the written decision on punishment:

(I) the names, work units and positions of the managers of the state-owned enterprises who have been punished (hereinafter referred to as the punished persons);

(II) illegal facts and evidence;

Type and basis of (III) punishment;

The channels and time limit for applying for review and appeal if the (IV) does not accept the disciplinary decision;

(V) the name and date of the organ or unit that made the decision on punishment.

The decision on punishment shall be stamped with the seal of the organ or unit that made the decision.

Article 31If the personnel involved in the investigation and handling of illegal cases of state-owned enterprise managers have one of the following circumstances, they shall withdraw on their own, and the person under investigation, the informant and other relevant personnel may request them to withdraw:

The (I) is a close relative of the person under investigation or the prosecutor;

(II) has served as a witness in this case;

The (III) himself or his close relatives have an interest in the case under investigation;

(IV) other circumstances that may affect the impartial investigation and handling of the case.

The withdrawal of the principal responsible person of the appointment and removal organ or unit shall be decided by the person in charge of the organ or unit at the next higher level; the withdrawal of other personnel involved in the investigation and handling of illegal cases shall be decided by the person in charge of the appointment and removal organ or unit.

If the appointment and removal organ or unit finds that the personnel involved in the punishment work should be withdrawn, it may directly decide to withdraw the personnel.

Article 32If the managers of state-owned enterprises are investigated for criminal responsibility according to law, the appointment and removal organs and units shall be punished according to the effective judgments, rulings, decisions and the facts and circumstances determined by the judicial organs.

If a manager of a state-owned enterprise is subject to an administrative penalty in accordance with the law and should be given a sanction, the appointment and removal organ or unit may, on the basis of the facts and circumstances ascertained in the effective administrative penalty decision, impose a sanction in accordance with the law after verification.

After the appointment and removal agency or unit makes a disciplinary decision in accordance with the provisions of the first and second paragraphs of this article, if the judicial or administrative agency changes the original effective judgment, ruling, decision, etc. in accordance with the law, which has an impact on the original disciplinary decision, the appointment and removal agency or unit shall be based on the change The subsequent judgments, rulings, decisions, etc. shall be dealt with accordingly.

Article 33If the appointment and removal organs or units impose sanctions on the managers of state-owned enterprises who are deputies to the people's congresses at all levels or members of the committees of the Chinese people's political Consultative Conference at all levels, they shall notify the standing committees of the relevant people's congresses, the presidium of the people's congresses of townships, ethnic townships and towns, or the standing Committee of the Chinese people's political Consultative Conference Committee.

Article 34If a manager of a state-owned enterprise is suspected of breaking the law and has been placed on file for investigation and is not suitable to continue to perform his duties, the appointment and removal organ or unit may decide to suspend his performance of his duties. During the period when the case is placed on file for investigation, managers of state-owned enterprises shall not leave the country or resign from public office without the consent of the appointment and removal organ or unit that decided to file the case; their appointment and removal organs and units, as well as organs and units at higher levels, shall not exchange, promote, reward or go through retirement procedures for them.

Article 35If it is found in the investigation that the managers of state-owned enterprises have been falsely reported, falsely accused, framed, insulted and slandered due to the performance of their duties in accordance with the law, resulting in adverse effects, the appointment and removal organs and units shall promptly clarify the facts, restore their reputation and eliminate the adverse effects in accordance with the provisions.

Article 36If a manager of a state-owned enterprise is demoted, dismissed or dismissed, the corresponding personnel department shall, within one month after the decision is made, handle the procedures for changing the position, position, salary and other relevant benefits according to the management authority, and change or terminate the labor contract according to law. Under special circumstances, the processing period may be appropriately extended with the approval of the main person in charge of the appointment and removal organ or unit, however, the maximum period shall not exceed 6 months.

Article 37If a manager of a state-owned enterprise is punished other than dismissal, and shows repentance during the period of punishment, and there is no more illegal situation that should be punished, the punishment shall be automatically lifted after the expiration of the punishment period.

After the punishment is lifted, the assessment and promotion of positions, ranks, grades, positions and staff grades, professional titles, salary and treatment grades, etc. will no longer be affected by the original punishment. However, those who are subject to demotion or dismissal shall not be restored to their posts, ranks, grades, posts, staff grades, professional titles, salary and treatment grades, etc., before the punishment.

Appointment and removal organs and units shall correctly treat and reasonably use the managers of state-owned enterprises who have been punished in accordance with the relevant provisions of the state, attach equal importance to respect incentives and supervision and restraint, and create a good environment for officials to start their own businesses.

Chapter VReview, complaint

Article 38If the sanctioned person is not satisfied with the decision, he may, within one month from the date of receipt of the decision, apply to the appointment and removal organ or unit that made the decision (hereinafter referred to as the original decision unit) for review. The original sanction decision unit shall make a review decision within one month after receiving the review application.

If the sanctioned person delays the time limit for the review application for irresistible reasons or other justifiable reasons, after the obstacle is removed.Within 10 working days, you can apply for an extension of the time limit; whether it is allowed or not is decided by the original punishment decision unit.

Article 39If the sanctioned person is still not satisfied with the review decision, he may appeal to the organ or unit at the next higher level within one month from the date of receipt of the review decision. The organ or unit that accepts the appeal (hereinafter referred to as the appeal organ) shall make a decision within 2 months from the date of acceptance; if the case is complicated, it may be appropriately extended, but the extension period shall not exceed one month at most.

If the time limit for the application for appeal is delayed for irresistible reasons or other justifiable reasons, after the obstacle is removedWithin 10 working days, you can apply for an extension of the time limit; whether it is allowed or not shall be decided by the appeal organ.

Article 40After the original punishment decision unit receives the review application and the appeal organ accepts the appeal, the relevant undertaking department shall set up a working group to read the original case materials, conduct investigation if necessary, collect and verify relevant evidence materials, and learn about the situation from relevant units and personnel. The working group shall study collectively, put forward handling opinions, report to the original punishment decision unit and the leading members of the appeal organ for collective discussion and decision, and report to the supervisory organ with administrative authority. The decision on review and appeal shall be notified in writing to the person being disciplined and his unit within one month from the date of making the decision, and shall be announced within a certain range; if it involves state secrets, trade secrets or personal privacy, it shall be handled in accordance with the relevant provisions of the state.

During the period of review and appeal, the execution of the original disciplinary decision shall not be suspended.

Managers of state-owned enterprises shall not be given heavier punishment for filing a review or appeal.

Adhere to the review, appeal and the original investigation of the separation, the original investigation, the contractor shall not participate in the review, appeal.

Article 41If an appointment or removal organ or unit discovers that there is indeed an error in the punishment decision made by its own organ, unit or subordinate organ or unit, it shall promptly correct it or order the subordinate organ or unit to correct it in a timely manner.

If the supervisory organ finds that the appointment and removal organ or unit should be given a sanction but fails to do so, or if the sanction given is illegal or improper, and puts forward a supervisory proposal in accordance with the law, the appointment and removal organ or unit shall adopt it and report the implementation to the supervisory organ by letter, and if it does not adopt it, it shall explain the reasons.

Article 42Under any of the following circumstances, the unit that made the original decision on the punishment or the appeal organ shall revoke the original decision on the punishment and make a new decision, or the appeal organ shall order the unit that made the original decision on the punishment to make a new decision:

The illegal facts on which the (I) punishment is based are not clear or the evidence is insufficient;

(II) violates the procedures stipulated in these Regulations and affects the impartial handling of the case;

(III) exceed their powers or abuse their powers to make disciplinary decisions.

Article 43In any of the following circumstances, the original sanction decision unit or the appeal organ shall change the original sanction decision, or the appeal organ shall order the original sanction decision unit to change it:

(I) applicable laws and regulations are indeed wrong;

(II) there is indeed a mistake in determining the circumstances of the illegal act;

Improper (III) disposition.

Article 44If the original disciplinary decision unit or the appeal organ considers that the facts of the disciplinary decision are clear and the applicable law is correct, it shall be maintained.

Article 45If the decision on the punishment of the management personnel of a state-owned enterprise is changed, and it is necessary to adjust the position, post level, salary and treatment level of the management personnel of the state-owned enterprise, it shall be adjusted in accordance with the provisions. If the disciplinary decision of a manager of a state-owned enterprise is revoked and it is necessary to restore the position, post grade, salary and treatment grade of the manager of the state-owned enterprise, the corresponding position and post shall be arranged according to the original position and post grade, and within the scope of the original disciplinary decision. Restore its reputation.

If a manager of a state-owned enterprise is revoked or mitigated due to the circumstances specified in Article 42 and Article 43 of these regulations, he shall make appropriate compensation for the loss of his salary and treatment in combination with his actual performance of duties and performance contribution.

The decision to maintain, change or revoke the disposition shall be made afterWithin one month, it shall be served and announced in accordance with the provisions of Item 6 of the first paragraph of Article 27 of these regulations, and shall be stored in the personal file of the punished person.

Chapter VILegal Liability

Article 46If the appointment and removal organs, units and their staff have the circumstances stipulated in Article 61 and Article 63 of the administrative punishment law for public officials in the work of punishing the management personnel of state-owned enterprises, the responsible leaders and directly responsible personnel shall be dealt with in accordance with the provisions of the administrative punishment law for public officials.

Article 47If the relevant organs, units, organizations or personnel refuse to implement the punishment decision or there are circumstances specified in Article 62 of the law on the punishment of public officials, the organs at a higher level, the competent departments, the institutions performing the duties of investors, or the organs or units of appointment and removal shall be dealt with in accordance with the provisions of the law on the punishment of public officials.

Article 48If the relevant units or individuals distort and fabricate facts and falsely accuse the managers of state-owned enterprises by means of reporting, they shall bear legal responsibility according to law.

Article 49Whoever violates the provisions of these Regulations and constitutes a crime shall be investigated for criminal responsibility according to law.

Chapter VIIAnnex

Article 50If the State has other provisions on the accountability of the managers of financial and cultural state-owned enterprises that violate the law, they shall apply at the same time.

Article 51Before the implementation of these regulations, if the cases that have been closed need to be reviewed and appealed, the provisions at that time shall apply. For cases that have not yet been closed, if the provisions at the time of the act are not considered illegal, the provisions at the time of the act shall apply; if the provisions at the time of the act are considered illegal, they shall be dealt with in accordance with the provisions at the time, but if these regulations are not considered illegal or in accordance with these regulations If the treatment is lighter, these regulations shall apply.

Article 52These regulations shall come into force on September 1, 2024.

 

 

Source: Central Commission for Discipline Inspection and State Supervision Commission website

Push: Discipline Inspection and Supervision Office