The Establishment Of "small Coffer" And Use Of "small Coffer" Funds Interim Provisions On Violations Of Administrative Punishment

Original Language Title: 设立“小金库”和使用“小金库”款项违法违纪行为政纪处分暂行规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201004/20100400253022.shtml

The establishment of "small coffer" and use of "small coffer" funds interim provisions on violations of administrative punishment (January 5, 2010 People's Republic of China wing, and human resources and Social Security Department, and Treasury, and audit makes 19th, announced since February 15, 2010 up purposes) first article for specification financial order, serious financial discipline, punishment established "slush fund" and using "slush fund" payments illegal disciplinary behavior, ensure "slush fund" governance work made effectiveness, according to People's Republic of China administrative monitored method, and People's Republic of China civil servants method, and administrative organ civil servants disposition Ordinance, and

    The financial illegal activities penalties and regulations and other relevant laws, administrative regulations, this provision is enacted.

    Referred to in the provisions of article "small coffer", refers to the violation of laws and regulations and other related regulations should be included and not included in the compliance unit account book money (including securities) and its assets.

    Article III of the State administrative organs and organs have set up "slush fund" or "small coffer" funds, personnel and other persons responsible for leadership (hereinafter referred to as relevant persons), by appointment and removal or organs in accordance with administrative rights, shall be subject to punishment.

    State-owned and State-holding enterprises and institutions have set up "small coffer" or "small coffer" funds, responsible leadership and other personnel appointed by State administrative organs persons (hereinafter referred to as relevant persons), by appointment and removal or organs in accordance with administrative rights, shall be subject to punishment.

    Article fourth set up "small coffer", on the persons given demerits or demerit; serious, demotion or dismissal.

    Article fifth "small coffer" funds food and drink, travel, gifts, entertainment or other similar acts, on the persons given warning; if the heavier, given demerits or demerit; serious, demotion or dismissal.

    Sixth use "small coffer" funds office building building, rebuilding, expansion, improvement or training centres, such as the, on the persons given warning; if the heavier, given demerits or demerit; serious, demotion or dismissal.

    Article seventh "small coffer" payments increase welfare subsidies standards, or to expand benefits ranges, excessive bonuses in kind or similar expenses, responsibilities, given warning; if the heavier, given demerits or demerit; serious, demotion or dismissal.

    Article eighth "small coffer" payment of the reimbursement of the costs to be borne by the individual, their responsibilities, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled.

    Nineth in unit name will be "small coffer" property of collectively dividing up to staff, related persons given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled.

    Tenth article has introduced the "small coffer" or "small coffer" funds, and violations other than the need to merge the provisions dealing with, relevant persons, in accordance with article tenth of the provisions of the regulation on the punishment of civil servants of the executive accountable.

    11th article on cracking down on "small coffer" in the check fraud, confrontation, refusing to correct or destroy evidence, assault case did not find money, or retaliate against whistleblowers and other acts, and harsh handling according to law.

    12th article CPC Central Committee Office, and circular of the on in-depth carried out "slush fund" governance work of views (in the do sent [2009]18,) issued Qian, has established "slush fund" or using "slush fund" payments behavior, plot more light, and can according to about provides seriously self-examination since correcting of, can from disposition; plot more heavy, but can according to about provides self-examination since correcting of, can reduce or lighter disposition; plot serious, but can according to about provides self-examination since correcting of, can lighter disposition.

    13th General Office of the CPC Central Committee and the State Council on further development of the "small coffer" views of governance (ban FA [2009]18) was issued after the set up or continue to set up "small coffer", their responsibilities, in accordance with the organizational procedures to be removed from Office, according to the accountability.

    14th article of the rules by the Ministry, the Department of human resources and social security, Ministry of finance, the National Audit Office is responsible for the interpretation. 15th article of the regulations come into force on February 15, 2010.