Five major aspects of the ban on state-owned enterprise leaders ' probity regulations

BEIJING, July 13, the general office of the Communist Party of the CPC, the State Council recently issued a "National Enterprise leadership Integrity practitioners".　　"A number of provisions" clear the state-owned enterprises leadership of the integrity of the conduct of the Code, in the abuse of power, power, infringement of public interests, job consumption and work style construction of five major aspects, to the leadership clearly put forward a "ban."　　In recent years, with the construction of anti-corruption of the state-owned enterprises constantly deepening, the 2004 Central Commission, the central organization, the Ministry of Government, the State Council state-funded companies issued a joint "state-owned enterprise leadership integrity of some provisions (trial)", has been unable to fully adapt to the needs of the new situation The central government pointed out that the various departments of various regions should make specific deployment to learn and implement the provisions of certain regulations. Do a good job of publicity and education, in order to carry out the implementation of the provisions of a sound public opinion environment.　　We should seriously analyze the weak links of the leaders of the state-owned enterprises in this area and take effective measures to solve them. All regions should strictly control and supervise the leadership of state-owned enterprises, so as to prevent the first and the former. To strengthen the implementation of the provisions of the supervision and inspection, timely correction and seriously deal with violations of the provisions of the Act.　　The leaders of state-owned enterprises should conscientiously implement some provisions, discipline themselves, accept supervision consciously, and resolutely eliminate the occurrence of violations of certain provisions.　　Some provisions on the honesty and corruption of leaders in state-owned enterprises the first chapter of the general provisions for the standardization of State-owned enterprises leadership integrity, strengthen the construction of anti-corruption, safeguard the interests of the state and investors, promote the scientific development of State-owned enterprises, according to the relevant national laws and regulations, and the party's　　This provision applies to wholly state-owned enterprises, state-owned enterprises (including wholly state-owned financial enterprises and state-controlled financial Enterprises) and the leading members of their branches.　　The leaders of the state-owned enterprises shall abide by the laws and regulations of the State and the enterprise rules and regulations, operate according to law, develop and innovate, be honest and trustworthy, earnestly safeguard the national interests, the interests of enterprises and the legitimate rights and interests of employees, and strive to achieve good and rapid development. Chapter II the Code of Conduct for the incorruptible practice fourth the leaders of state-owned enterprises shall earnestly safeguard the interests of the state and the investors. shall not have abuse of power, damage to the interests of state assets of the following acts: (a) in violation of decision-making principles and procedures to determine the enterprise production and operation of the major decisions, the removal of important personnel, major project arrangements and the operation of large amounts of funds; (b) in violation of regulations for enterprise restructuring, mergers, reorganization, bankruptcy, asset assessment, property transactions and other matters; ) violates the provisions of investment, financing, security, borrowing funds, entrusting financial management, opening letters of credit for others, purchasing and selling goods and services, tendering and bidding, etc. (iv) The legal formalities for the preservation of state-owned assets have not been approved or approved, and the company's assets are registered in the country (territory) in person or in other name, Purchase of financial products, acquisition of immovable property orOther business activities; (v) to instruct, instruct and compel accountants to carry out activities which violate the state financial discipline and financial system of the Enterprise; (vi) to determine the remuneration and housing subsidy of the leadership at the level approved by the authorities and personnel departments without fulfilling the responsibilities of the state-owned assets contributor;　　Without the collective research of the leading group of enterprises, the decision of donation or sponsorship, or the approval of the organizations which have not fulfilled the responsibilities of the state-owned assets investors, decides the large donation and the sponsorship, and (eight) other acts of abusing the rights and interests of the state-owned assets. Fifth the leaders of state-owned enterprises shall faithfully perform their duties. The following acts shall not be used for personal gain and damage to the interests of the enterprise: (a) individuals engaged in profitable business activities and paid intermediary activities, or in the enterprise of the same kind of enterprises, affiliated enterprises and enterprises with the business relationship of investment shares, (b) in the post or after the separation of the acceptance of the enterprise's affiliated enterprises, Enterprises that have business relations with the enterprise, and the material benefits provided by the management and the object of Service; (iii) to buy or sell houses, cars and other items to the functionary at a price that is significantly below the market or to the trustees, and to illegally receive functionary belongings in the form of other transactions; (d) Entrust others to invest in securities, Futures or in the name of other entrusted financial management, without actual capital contribution to obtain income, or even though the actual capital contribution, but the acquisition of income is significantly higher than the contribution due to income; (e) Use of corporate listing or listed companies in the process of mergers and acquisitions, reorganization, and other directional issuance of private information, Intangible assets or resources, such as business channels, for the benefit of himself or his spouse, his children and other specific persons; (vi) without authorization, the company or other enterprises, public institutions, social organizations, intermediary organizations, or the approval of part-time, to receive remuneration and other income;　　The discount fee, intermediary fee, commission, gift, and the property which is rewarded by the relevant departments and units for the enterprise's economic intercourse shall be appropriated or privately-divided, and (eight) other acts which use the authority for personal gain and harm the interests of the enterprise. Sixth the leaders of the state-owned enterprises shall exercise the right of management correctly to prevent the occurrence of possible infringement of public interests and corporate interests. Shall not have the following actions: (i) my spouse, the child and other specific persons, the affiliated enterprises in the enterprise, and the enterprises that have business relations with the enterprise invest in the shares; (ii) Entrust, lease, contract the state-owned assets to the spouses, children and other specific related persons; (iii) Use of authority for spouses, (a) The convenience of the child and other specific persons involved in engaging in profitable business activities; (iv) The use of competence to provide reciprocity for the other party, his or her spouse, children and other persons of particular relationship to engage in profitable business activities; (v) the enterprise or business with which the spouse, children and other specific persons are invested or operated and the enterprise or capitalThe relationship between the enterprises may infringe the public interest, economic business dealings of the interests of the enterprise; (vi) in accordance with the provisions shall be implemented by the avoidance of service and business avoidance without avoidance, (vii) after the separation or retirement within three years, in the business relationship with the original enterprise of private enterprises, foreign enterprises and intermediary agencies holding positions, investment in shares,　　Or in the above enterprises or institutions engaged in, agent and the original business operation of the business related activities, (eight) other possible infringement of public interest, corporate interests of the act. Seventh the state-owned enterprise leaders should be thrifty, according to the relevant provisions of the job consumption. Shall not have the following actions: (a) exceed the reporting performance of the state-owned assets of the responsibility of the Organization to record the budget for job consumption; (ii) the inclusion of costs other than the performance of duties in duty consumption, and (iii) the consumption of duties in places where a particular relationship is operated; (iv) The public duty consumption is not disclosed in accordance with the provisions; Travel by public funds or in disguise; (vi) in the event of a non policy loss or non-payment of wages, purchase or replace the car, business Charter, decoration office, purchase of high-grade office equipment, etc. (vii) Use of credit cards, signs and other forms of job consumption, do not provide the original documents and corresponding information; (eight)　　Other violations of the prescribed duty consumption and extravagance and waste behavior. Eighth the leaders of state-owned enterprises should strengthen their work style construction, pay attention to their own self-cultivation, enhance their sense of social responsibility and establish a good public image. Shall not have the following actions: (a) fraud, defraud of Honor, title, title, treatment or other interests; (ii) The issue of weddings and funerals, which cause adverse effects, or the opportunity to collect wealth; (iii) acquiescence, connivance of spouses, children and staff around them to engage in activities which may adversely affect them, using their own powers and status;　　To pay public funds for recreational activities unrelated to official business; (e) long-term charter of guesthouses in the case of normal office and place of residence; (vi) disregard the legitimate demands of workers, infringe upon the legitimate rights and interests of employees, and (vii) engage in activities that are contrary to social morality.　　Chapter III Implementation and supervision of the Nineth State-owned enterprises shall make rules and regulations according to these provisions or incorporate the requirements of these provisions into the Articles of association, establish and improve the supervision and control mechanism, and ensure the implementation of these provisions.　　The party secretary, Chairman and general manager of State-owned enterprises shall be the main persons responsible for the implementation of these provisions in the enterprise.　　Tenth the state-owned enterprise leaders shall take the situation of implementing these provisions as the important contents of the democratic control inspection, the annual debriefing and the Democratic review of the Workers ' Congress, and accept the supervision and the Democratic appraisal.　　11th the state-owned enterprises shall make clear the principles and procedures for decision-making, report to the Staff Congress on matters relating to the vital interests of the employees by making decisions on the major decisions of production and management, the appointment and removal of important personnel, the major project arrangements and the decision-making of large amount of capital operation matters. Required by the staff representatives of the largeThe issues to be adopted shall be implemented after discussion and adoption by the Staff Congress.　　12th the state-owned enterprises should improve the enterprise democratic management system based on the basic form of the Workers ' Congress, implement the open system of factory affairs, and report the record of the agency performing the responsibility of the state-owned assets contributor.　　13th the state-owned enterprises shall establish and perfect the duty consumption system in accordance with the relevant provisions, report the record of the institutions performing the duties of the state-owned assets contributor, and disclose the status of the job consumption to the employees as the contents of the public works.　　14th the leaders of state-owned enterprises shall report their part-time work to the organizations which fulfill the responsibilities of the state-owned assets contributor in the year investments in investment, foreign deposits and acquisition of real estate, spouses, children's employment and overseas (border) settlement and related circumstances, as well as other matters which I think should be reported, and in the appropriate manner open to a certain extent.　　15th a state-owned enterprise shall establish a commitment system of leadership in combination with this provision, standardize the behavior of the leading personnel and the related behaviors after separation and retirement.　　16th the institutions and personnel departments responsible for fulfilling the responsibilities of the state-owned assets contributor should combine the practice, improve the salary management system of the leaders of the state-owned enterprises, standardize and perfect the incentive and restraint mechanism.　　17th the disciplinary inspection organs, the Organization of personnel departments and the implementation of the responsibilities of state-owned assets investors, the state-owned enterprises should be the leadership of regular education and supervision.　　18th the institutions and auditing departments performing the duties of the state-owned assets contributor shall carry out various audit supervision in accordance with the law, strictly enforce the term of office of the state-owned enterprise leaders and the economic responsibility audit system, and establish and improve the coordinated operation mechanism of discipline inspection and audit supervision.　　19th the disciplinary inspection and supervision institutions at all levels of discipline inspection, organization and personnel departments and performing the responsibility of state-owned assets contributors shall supervise and inspect the implementation of these provisions by the leaders of the state-owned enterprises under their jurisdiction.　　The disciplinary inspection and supervision institutions of State-owned enterprises shall, in conjunction with annual assessment, supervise and inspect the state-owned enterprises ' leaders in the implementation of these provisions each year, and make assessments to the party organizations and supervisors of the enterprises.　　In cases of prosecution and prosecution for violations of these provisions, the institutions concerned shall be entertained in a timely manner and make decisions on processing or make recommendations for handling them.　　If any prosecution or complaint against the provisions of this provision complies with the terms of the inquiry, it shall be consulted as required.　　The responsible person shall be held liable for retaliation against any employee who sues or accuses any violation of these provisions.　　20th the organization of personnel departments at all levels and the functions of the state-owned assets contributors shall be regarded as an important basis for the inspection and examination of the leaders of state-owned enterprises.　　21st the Board of Supervisors of state-owned enterprises shall strengthen the supervision over the integrity of the leaders of state-owned enterprises in accordance with relevant regulations.　　In accordance with the provisions of articles 11th to 14th of this provision to the Organization for the performance of the responsibility of the state-owned assets, the reporting and filing shall be announced the supervisory board of the enterprise. Chapter fourth dealing with violations of the provisions of the Act 22nd If the leaders of the state-owned enterprises violate the code of conduct listed in chapter II of this Regulation, they shall, depending on the seriousness of the circumstances, give warning talks, transfer posts, demotion and dismissal according to the administrative authority.　　Disciplinary responsibility shall be investigated, in addition to the provisions of the preceding paragraph, depending on the seriousness of the circumstances, according to the relevant national laws and regulations to give corresponding punishment.　　For the Communist party members, according to the seriousness of the circumstances, under the disciplinary regulations of the Communist Party of China to give corresponding disciplinary action.　　Persons suspected of committing crimes shall be transferred to the judicial organs for treatment.　　23rd the leaders of state-owned enterprises are warned to talk, to be removed from their posts, demoted or dismissed, they should reduce or wholly withhold the performance salary and bonuses of the year.　　24th a state-owned enterprise leader who violates the unjust economic benefits obtained by this provision shall be ordered to repaying, and the economic losses caused to the state-owned enterprises shall be liable for economic compensation according to the relevant provisions of the State or enterprise.　　25th a leader of a state-owned enterprise is demoted in violation of this provision, he shall not hold a position equal to or higher than his original position within two years.　　Shall not be the leader of the state-owned enterprise for two years, and shall not be the leader of the state-owned enterprises for five years because of the dismissal of the major losses of state-owned assets due to violation of national laws.　　A person who constitutes a criminal sentence shall not be a leader of a state-owned enterprise for life.　　The fifth chapter of the annex 26th article of State-owned enterprises other than the members of the leadership of the state-owned assets of the other personnel, the state-owned enterprises in the institutions of the leading personnel to implement these provisions.　　The personnel of state-owned shareholding enterprises (including state-owned participating financial Enterprises) shall carry out the management responsibility for the state-owned assets according to these provisions.　　27th the institution mentioned in this provision to perform the duties of the investor of state-owned assets, including the state-owned Assets supervision and administration agencies represented by the state-owned assets contributor, the government departments and other organizations which have not yet implemented the responsibilities of the capital-funded banks, and the parent companies authorized to operate.　　The specific persons referred to in these provisions refer to those who have close relatives and other common interest relations with the leaders of the state-owned enterprises.　　28th The State Council SASAC, provinces, autonomous regions and municipalities, may formulate the implementation measures according to these provisions, and report to the Central Commission for Inspection and supervision for the record.　　The CBRC, China Securities Regulatory Commission, CIRC, the state-owned financial enterprise of the Central Administration and state-controlled financial enterprises may, in the light of the actual situation of the financial industry, formulate supplementary provisions for this provision and report to the Central Disciplinary Commission and the Ministry of Inspection for Record.　　29th of this provision by the Central Disciplinary Commission of the Central Organization Department, the Ministry of Inspection explained. 30th This provision shall be carried out from the date of promulgation.　　A number of regulations on the integrity of state-owned enterprise leaders issued in 2004 (for trial implementation) were abolished at the same time. Any other relevant provisions in force which are inconsistent with this provision shall be executed in accordance with these provisions.