Supervision, Human Resources And Social Security Ministry, State-Owned Assets Supervision And Administration Commission Of The State Council Concerning State-Owned Enterprise's Leaders Violated Probity "seven Requested" Administrative Disciplinary Prov...

Original Language Title: 监察部、人力资源和社会保障部、国务院国有资产监督管理委员会关于国有企业领导人员违反廉洁自律“七项要求”政纪处分规定

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Supervision, human resources and Social Security Ministry, State-owned assets supervision and Administration Commission of the State Council concerning State-owned enterprise's leaders violated probity "seven requested" administrative disciplinary provisions

    (January 23, 2009 the Ministry of human resources and Social Security Department, the State-owned assets supervision and Administration Commission of the State Council promulgated as of March 1, 2009, 17th) first in order to promote State-owned enterprise's leaders a clean industry, to punish acts that violate the requirements of probity and, in accordance with the People's Republic of China on administrative supervision law, regulations on the punishment of civil servants of administrative organs and the financial illegal activities penalties and other relevant laws and regulations, this provision is enacted.

    Provisions of this article applicable to state-owned, State-owned and State-owned enterprises by administrative organs or immediate ad hoc body of the Government for the appointment, dispatch, nomination, appointment appointment in the form of State-owned enterprise leaders.

    Article III of the State-owned enterprise leaders shall not be any of the following acts:

    (A) use his position by management or related transactions to benefit himself or a specific person;

    (B) for each other and their spouses, children and other specific conditions facilitating people engaging in profit-making business activities;

    (C) the assets of the enterprise integration, the process of introducing strategic investors, such as using their position for personal gain;

    (D) unauthorized mortgage, pledge, trust management;

    (E) companies listed or listed company mergers and acquisitions, restructuring, private placement insider information in the process of or specific stakeholder interests;

    (Vi) incite, instigate, or force accountants provide false financial reports;

    (G) violations self-pay, part-time pay, excessive subsidies and bonuses.

    Article fourth used his position by management or related transactions to benefit himself or a specific person, any of the following circumstances, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) I run for a specific person or business enterprises serving the same or competing business;

    (B) seek belonging to the enterprise for people or a particular relationship of business opportunities;

    (C) use of the trade secret, intellectual property, business channel, quality, brand, or business reputation, to benefit himself or a specific person;

    (D) with a specific person or business or actual control of the enterprise conclude a contract or transaction;

    (V) or a particular person associated and maintained in the enterprise or enterprises have business relations with the enterprise is engaged in securities investments other than equity investment;

    (Vi) not in accordance with the business transactions between independent enterprises to pay the price, cost, or superior to non-related party transactions of the same kind of trading conditions;

    (G) the business of corporate lending for himself or herself or a particular relationship capital, guarantees or transferring risks;

    (VIII) not in accordance with the provisions of the disclosure of related transaction information.

    Fifth for each other and their spouses, children and certain other persons to engage in profit-making business activities provide convenience, any of the following circumstances, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) to the profitable business of the entity referred to each other and their spouses, children and other persons operating-specific;

    (B) at significantly higher than the market price to each other and their spouses, children and other specific person unit in the management of procurement of goods, services or at a significantly below-market price to the other party and their spouses, children and other specific person unit in the management of sales of goods and provision of services;

    (C) to the other party and their spouses, children and other specific people of substandard goods in the management unit;

    (D) to each other and their spouses, children and other specific person unit in the management of the enterprise's business opportunities or business secret;

    (E) for each other, their spouses, children and other party units in the management of specific lending funds, guarantees or risk;

    (Vi) through false bids, collusive bidding or control how the bidding result for each other and their spouses, children and other persons seeking specific bid.

    Inspired, instructed subordinate units, associations, enterprises, and has business relations with the enterprise businesses or persons engaged in the acts listed in the preceding paragraph, in accordance with the provisions of the preceding paragraph.

    Sixth in the enterprise asset consolidation, in the process of introducing strategic investors, using his power for personal gain, any of the following circumstances, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) extort or accept someone else's property, illegal disposal of State-owned assets and interests;

    (B) conceal, withhold and transfer of State-owned assets;

    (C) in violation of regulations on economic compensation, annuity and commercial insurance on behalf of collectively dividing up state-owned assets to individuals;

    (D) the quest for performance, invented or provided false financial reports;

    (E) for the purpose of other legitimate interests, fails to perform or not perform their duties correctly, resulting in the loss of State assets.

    Article seventh to assets to provide security without authorization, give him a warning, demerit-recording or demerit; loss, demotion, or dismissal, causing heavy losses, expelled.

    Article eighth liberty capital management investments, securities and other financial assets entrusted, give him a warning, demerit-recording or demerit; plot heavy, demotion or dismissal in serious cases, expelled.

    Nineth listed or listed company mergers and acquisitions, restructuring, private placement insider information in the process of or specific stakeholder interests, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled.

    Article tenth incite, instigate, or force accountants provide false financial reporting, given warning; if the heavier, given demerits or demerit; serious, demotion or dismissal.

    11th violation on its own decide on our leaders salaries or excessive subsidies and bonuses, given a warning, demerit-recording or demerit; plot heavy, demotion or dismissal in serious cases, expelled.

    12th in violation of provisions of part-time or part-time paid, given demerits or demerit; plot heavy, demotion or dismissal in serious cases, expelled.

    Specific person mentioned in 13th article of the regulations refers to and State-owned enterprise's leaders have close relatives, mistresses (husband) and other common interests of the people.

    14th article of the provisions by the Ministry, human resources and Social Security Department, the State Council, SASAC is responsible for the interpretation. 15th article of the regulations come into force on March 1, 2009.

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