Window of Party Building
"Several Provisions on the Incorrupt Practice of Leaders of State-owned Enterprises"
Release Time：2022-06-28 14:27
Chapter 1 General Provisions
Article 1 These Provisions are formulated in accordance with the relevant state laws and regulations and intra-Party regulations for the purpose of regulating the integrity of state-owned enterprise leaders, strengthening the anti-corruption and upholding integrity construction of state-owned enterprises, safeguarding the interests of the state and investors, and promoting the scientific development of state-owned enterprises.
Article 2 These Provisions shall apply to the members of the leadership team of wholly state-owned enterprises, state-controlled enterprises (including wholly state-owned financial enterprises and state-controlled financial enterprises) and their branches.
Article 3 The leaders of state-owned enterprises shall abide by the laws and regulations of the state and enterprise rules and regulations, operate according to the law, be pioneering and innovative, work with integrity, be honest and trustworthy, earnestly safeguard the interests of the state, the interests of enterprises and the legitimate rights and interests of employees, and strive to achieve sound and rapid development of state-owned enterprises .
Chapter II Code of Conduct for Incorrupt Practices
Article 4 The leaders of state-owned enterprises shall earnestly safeguard the interests of the state and investors. The following acts of abuse of power and damage to the rights and interests of state-owned assets shall not be committed:
(1) Violating the decision-making principles and procedures to decide on major decisions on the production and operation of the enterprise, the appointment and dismissal of important personnel, the arrangement of major projects, and the operation of large amounts of funds;
(2) Handling matters such as enterprise restructuring, merger, reorganization, bankruptcy, asset appraisal, property rights transaction, etc. in violation of regulations;
(3) Investing, financing, guaranteeing, lending funds, entrusting financial management, issuing letters of credit for others, purchasing and selling commodities and services, bidding and bidding, etc. in violation of regulations;
(4) Without approval or without going through the legal formalities for the preservation of state-owned assets after approval, registering a company, investing in shares, purchasing financial products, purchasing real estate or conducting other business activities with enterprise assets in the name of an individual or other country (overseas) ;
(5) Instigating, instructing, or forcing accounting personnel to conduct activities that violate the national financial discipline and corporate financial system;
(6) Decide on the salaries and housing subsidies and other welfare benefits of leaders at the same level without the approval of the institutions that perform the duties of state-owned asset contributors and the competent personnel department;
(7) Decisions on donations and sponsorships have not been made collectively by the leadership of the enterprise, or decisions on large donations and sponsorships have been made without the approval of the institution performing the duties of a state-owned asset investor despite the collective research of the leadership of the enterprise;
(8) Other acts that abuse power and damage the rights and interests of state-owned assets.
Article 5 The leaders of state-owned enterprises shall faithfully perform their duties. The following behaviors that use power to seek personal gain and damage the interests of the enterprise shall not be committed:
(1) Individuals engaging in for-profit business activities and paid intermediary activities, or investing in shares in similar business enterprises, affiliated enterprises and enterprises with business relations with the enterprise;
(2) Accepting and requesting material benefits provided by the affiliated enterprises of the enterprise, the enterprises with business relations with the enterprise, and the management and service objects during the employment or after resignation;
(3) Buying from the trustee at a price significantly lower than the market price or selling the house, car and other items to the trustee at a price significantly higher than the market, and illegally accepting the trustee's property in other forms of transactions;
(4) Entrusting others to invest in securities, futures or in the name of other entrusted financial management, without actually contributing capital to obtain income, or although the actual capital contribution, the income obtained is significantly higher than the income that should be obtained from the capital contribution;
(5) Using the inside information, trade secrets, intellectual property rights, business channels and other intangible assets or resources of the listed company or listed company in the process of mergers and acquisitions, reorganization, private placement, etc., to seek for themselves or their spouses, children and other specific related persons Benefit;
(6) Holding concurrently leading positions in enterprises funded by the enterprise or in other enterprises, institutions, social groups, or intermediary agencies without approval, or receiving remuneration and other income without approval;
(7) Appropriate or privately share the discount fees, intermediary fees, commissions, and gifts in the economic transactions of the enterprise, as well as the property rewarded by the relevant departments and units due to the enterprise's behavior;
(8) Other behaviors that use power to seek personal gain and damage the interests of the enterprise.
Article 6 The leaders of state-owned enterprises shall correctly exercise the right of operation and management to prevent the occurrence of acts that may infringe on public interests and enterprise interests. The following behaviors shall not be committed:
(1) My spouse, children and other specific related persons shall invest in the affiliated enterprises of the enterprise or enterprises with business relations with the enterprise;
(2) Entrusting, leasing or contracting state-owned assets to spouses, children and other specific related persons for operation;
(3) Using power to provide convenience for spouses, children and other specific related persons to engage in for-profit business activities;
(4) Using their powers to provide mutual convenience for the other party, their spouses, children and other specific related persons to engage in for-profit business activities;
(5) The enterprise invested or operated by my spouse, children and other specific related persons has economic and business transactions with the enterprise or an enterprise with which it has a capital contribution relationship that may infringe on public interests and enterprise interests;
(6) In accordance with the regulations, he should be recused from office and official duties but not recused;
(7) Within three years after resigning or retiring, hold positions in private enterprises, foreign-funded enterprises and intermediary institutions that have business relations with the original enterprise, invest in shares, or engage in or act as an agent in the above-mentioned enterprises or institutions related to the business operations of the original enterprise. business activities;
(8) Other acts that may infringe public interests and corporate interests.
Article 7 The leaders of state-owned enterprises shall be diligent and thrifty, and make job consumption in accordance with relevant regulations. The following behaviors shall not be committed:
(1) To carry out duty consumption in excess of the budget reported to the institution performing the duties of a state-owned asset contributor;
(2) Expenses other than the performance of work duties are included in duty consumption;
(3) Conducting job consumption at a place operated by a specific related person;
(4) Failing to disclose job consumption information in accordance with regulations;
(5) Travelling with public funds or in disguised form;
(6) Purchasing or replacing cars, chartered business planes, renovating offices, adding high-end office equipment, etc., during the period when the enterprise suffers non-policy losses or owes wages to employees;
(7) Using credit cards, signing bills, etc. for job consumption, without providing original vouchers and corresponding explanations;
(8) Other duty consumption and extravagant waste in violation of regulations.
Article 8 The leaders of state-owned enterprises shall strengthen the construction of work style, pay attention to self-cultivation, enhance their awareness of social responsibility, and establish a good public image. The following behaviors shall not be committed:
(1) Fraudulently obtaining honors, positions, titles, benefits or other benefits;
(2) Largely organize weddings and funerals, causing adverse effects, or taking the opportunity to accumulate wealth;
(3) acquiesce and connive with spouses, children and staff members around them to use their powers and positions to engage in activities that may cause adverse effects;
(4) Use public funds to pay for entertainment activities unrelated to official duties;
(5) Long-term chartering of hotels with public funds under the condition that there are normal offices and residences;
(6) Disregarding the legitimate demands of employees and infringing upon the legitimate rights and interests of employees;
(7) Engage in activities contrary to 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 the company's articles of association, establish and improve supervision and restriction mechanisms, and ensure the implementation of these Provisions.
The secretary, chairman and general manager of the party committee (party group) of a state-owned enterprise shall be the main responsible person for the implementation of these regulations by the enterprise.
Article 10 The leaders of state-owned enterprises shall take the implementation of these provisions as an important part of the democratic life meeting, the annual report on work integrity and the democratic appraisal of the workers' congress, and accept supervision and democratic appraisal.
Article 11 A state-owned enterprise shall clarify the decision-making principles and procedures, and report the decision-making of major production and operation decisions, important personnel appointments and removals, major project arrangements, and large-amount capital operation to the institutions that perform the duties of state-owned asset contributors within the specified time limit. Report matters involving the vital interests of employees to the employees' 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.
Article 12 State-owned enterprises shall improve the enterprise democratic management system with the workers' congress as the basic form, implement the system of making factory affairs public, and report to the institution that performs the duties of state-owned asset contributors for the record.
Article 13 A state-owned enterprise shall establish and improve a job consumption system in accordance with relevant regulations, report it to the institution performing the duties of a state-owned asset contributor for the record, and disclose job consumption to employees as part of the disclosure of factory affairs.
Article 14 The leaders of state-owned enterprises shall report on an annual basis to the institutions performing their duties as state-owned asset contributors their part-time jobs, investment and shareholding, overseas (overseas) deposits and real estate purchases, their spouses and children’s employment, and their going abroad (overseas) to settle and other relevant situations. , and other matters that I think should be reported, and disclose them within a certain scope in an appropriate manner.
Article 15 State-owned enterprises shall, in accordance with these Provisions, establish a leadership commitment system, and regulate the leadership behaviors and relevant behaviors after resignation and retirement.
Article 16 Institutions and competent personnel departments that perform the duties of state-owned asset contributors shall, in light of actual conditions, improve the remuneration management system for leaders of state-owned enterprises, and standardize and improve the incentive and restraint mechanisms.
Article 17 Disciplinary inspection and supervision organs, organization and personnel departments, and institutions performing the duties of state-owned asset contributors shall conduct regular education and supervision on the 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 of state-owned enterprise leaders and the economic responsibility of leaving office, and establish and improve a coordinated operation mechanism for discipline inspection and supervision and audit supervision. .
Article 19 Disciplinary inspection and supervision organs at all levels, organization and personnel departments, and disciplinary inspection and supervision institutions that perform the duties of state-owned asset contributors shall supervise and inspect the implementation of these regulations by the leaders of state-owned enterprises under their jurisdiction.
The discipline inspection and supervision agency of a state-owned enterprise shall, in combination with the annual assessment, supervise and inspect the implementation of these regulations by the leaders of the state-owned enterprise under its jurisdiction, make an evaluation, and report to the enterprise party organization and the higher-level discipline inspection and supervision agency.
For reports and accusations of violations of these regulations, the relevant agencies shall accept them in a timely manner, and make handling decisions or offer handling suggestions.
If the reports and accusations of violations of these regulations meet the conditions for letter inquiries, letter inquiries shall be conducted in accordance with the regulations.
Those who retaliate against employees who report or accuse violations of these regulations shall be held accountable to those responsible.
Article 20. Organizational personnel departments at all levels and institutions performing the duties of state-owned asset contributors shall regard honesty and integrity as an important content of inspection and assessment of state-owned enterprise leaders and an important basis for appointment and removal.
Article 21 The board of supervisors of state-owned enterprises shall, in accordance with relevant regulations, strengthen the supervision over the integrity of state-owned enterprise leaders.
In accordance with Articles 11 to 14 of these regulations, the matters reported and filed to the institution performing the duties of a state-owned asset contributor shall be simultaneously reported to the board of supervisors of the enterprise.
Chapter IV Handling of Violations of Regulations
Article 22 If the leaders of state-owned enterprises violate the code of conduct listed in Chapter II of these regulations, depending on the seriousness of the circumstances, the relevant agencies shall give warning talks, transfer from posts, demotions, and dismissals according to their management authority.
Those who should be investigated for disciplinary responsibility shall, in addition to the provisions of the preceding paragraph, be given corresponding sanctions in accordance with the relevant laws and regulations of the state, depending on the seriousness of the circumstances.
For the Communist Party members among them, according to the seriousness of the circumstances, corresponding party disciplinary sanctions will be given in accordance with the "Regulations on Disciplinary Actions of the Communist Party of China".
Those suspected of committing a crime shall be transferred to judicial organs for handling according to law.
Article 23 If the leaders of state-owned enterprises are subject to warning talks, transfer from post, demotion or dismissal, their performance salary and bonus for the year shall be reduced or fully deducted.
Article 24 The leaders of state-owned enterprises shall be ordered to clear the illegal economic benefits obtained in violation of these regulations; if they cause economic losses to state-owned enterprises, they shall bear the responsibility for economic compensation in accordance with the relevant regulations of the state or the enterprise.
Article 25 If the leaders of state-owned enterprises violate these regulations and are demoted, they shall not hold positions equivalent to or higher than their original positions within two years.
Those who are dismissed from office shall not hold leadership positions in state-owned enterprises within two years; those who are removed from office for violating state laws and causing heavy losses to state-owned assets shall not be allowed to assume leadership positions in state-owned enterprises within five years.
Whoever constitutes a crime and is sentenced to criminal punishment shall not hold a leadership position in a state-owned enterprise for life.
Chapter V Supplementary Provisions
Article 26 Persons other than the members of the leading group of state-owned enterprises who are responsible for the operation and management of state-owned assets, and the leaders of public institutions affiliated to state-owned enterprises shall refer to these regulations.
The personnel in the state-owned shareholding enterprises (including state-owned shareholding financial enterprises) who are responsible for the operation and management of state-owned assets shall refer to these regulations.
Article 27 The institutions that perform the duties of state-owned asset contributors as mentioned in these Regulations include the state-owned assets supervision and administration institutions at all levels as representatives of state-owned assets contributors, and government departments and other institutions that have not yet implemented the separate administration and capital to act as contributors. and authorized parent company.
The term "specially related persons" as mentioned in these Provisions refers to persons who have close relatives and other common interests with 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 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, the solely state-owned financial enterprises managed by the central government and the state-controlled financial enterprises may formulate supplementary provisions to these Provisions in light of the actual conditions of the financial industry, and report them to the Central Commission for Discipline Inspection and the Ministry of Supervision for the record.
Article 29 These regulations shall be interpreted by the Central Commission for Discipline Inspection in consultation with the Central Organization Department and the Supervision Department.
Article 30 These regulations shall come into force on the date of promulgation. The "Several Provisions on the Incorrupt Practice of State-Owned Enterprise Leaders (Trial)" issued in 2004 shall be repealed at the same time.
If other existing relevant regulations are inconsistent with these regulations, they shall be implemented in accordance with these regulations.