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Henan Provincial Financial Supervision

Original Language Title: 河南省财政监督办法

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Financial oversight practices in Southern Province

(Adopted by Decree No. 135 of 5 January 2011 by the Government of the Southern Province, No. 135 of 5 January 2011)

Chapter I General

Article 1, in order to strengthen financial oversight, enhance the use of financial funds and maintain the financial economic order, develops this approach in line with the laws, regulations and regulations of the Budget Act of the People's Republic of China, the Law on Accounting for the People's Republic of China, the Financial Offences Punishment of the Sea.

Article II applies to financial oversight in the province's administrative region.

This approach applies to external institutions and business units in the province, and the financial supervision of the enterprise, with the exception provided by the law, legislation and regulations.

Article 3. The financial oversight described in this approach refers to activities carried out by the financial sector and its dispatch agencies (hereinafter referred to as the financial sector) in accordance with the law with respect to the financial, financial, accounting and other organizations and individuals (hereinafter referred to as the subject of oversight), inspection, inspection, evaluation and processing of financial, accounting, etc.).

Article IV Financial oversight should be in line with the overall process of financial policy formulation, the design and operation of the financial system, the harmonization of financial oversight and financial management, the establishment of budgeting, implementation and monitoring mechanisms for mutual coordination and mutual checks and balances, and the principles of legality, objectivity, openness, justice and effectiveness.

Article 5 Governments of more people at the district level should strengthen the leadership and coordination of financial oversight in the current administrative region and support the financial sector in fulfilling its financial oversight responsibilities under the law.

The relevant sectors and units of the Government of the people at the district level should be in line with the financial sector's financial supervision.

The financial sector at the district level is responsible for the financial supervision of the current administrative region, with financial oversight agencies established within the financial sector and other business agencies implementing financial oversight within their mandated responsibilities.

According to work needs, the financial sector could send oversight bodies or supervisors to the relevant departments of the current people's Government, the financial sector of the lower-level Government and the Government's investment priorities projects.

Article 7 relevant departments and units should establish a robust internal oversight system to monitor the quality of asset management and accounting information in this sector, in-house financial, financial accounting management, budgeting implementation, regulatory systems and the immediate units.

Article 8. The financial sector should promote financial monitoring information-management, use electronic information technology, use the financial and accounting management information platforms to carry out dynamic financial oversight and enhance the efficiency of financial oversight.

Article 9. Financial oversight by the financial sector shall not be charged and the requirements for work are borne by the current level of finance.

Any unit or person entitled to report financial violations. The financial sector should provide conservative secrets for the reporting unit and individuals, and incentives for the reporting of powerful personnel.

The financial sector and its supervisory staff are protected under the law to perform their financial oversight duties.

Any unit or person shall not combat, reprisals, pitfalls or financial oversight staff.

Chapter II

Article 11. The financial sector shall carry out financial oversight of:

(i) Implementation of financial laws, regulations, regulations and policies;

(ii) Budget preparation, implementation, adaptation and management;

(iii) Management of revenue collection, division, separation, repayment, etc.;

(iv) Management, use and effectiveness of financial earmarked funds;

(v) Government procurement and management;

(vi) The collection, use and management of funds such as the Social Security Fund, the Housing Quantification Fund;

(vii) The income and expenditure of State assets and management;

(viii) The management of State assets by administrative units;

(ix) The borrowing, security, use, reimbursement and effectiveness of Government obligations;

(x) Financial income and expenditure of international organizations and foreign Governments assistance projects;

(xi) The centralization of payments, the establishment, modification, withdrawal and use of the budget sector and the bank accounts;

(xii) Financial management and quality of accounting information for the subject of oversight;

(xiii) Assets and financial management of local commercial banks and non-bank financial institutions;

(xiv) The establishment, operation, change and termination of the accounting and asset assessment bodies;

(xv) Oversight inspections, such as the superior financial sector, and the rehabilitation of internal oversight inspections in this sector;

(xvi) Other oversight matters under laws, regulations and regulations.

Article 12. The financial sector carries out financial, financial oversight in accordance with the financial management system and financial reporting lines, and oversees accounting matters in the administrative region.

The higher-level financial sector could directly implement financial oversight of matters under the supervision of the lower-level financial sector, and financial oversight could also be delegated to the lower-level financial sector.

The financial sector considers that oversight matters are significant or are difficult for special reasons to carry out financial oversight in the financial sector at the highest level.

Article 13. Financial oversight by the financial sector may exercise the following functions:

(i) Removal, access and replication of the budgets, budget implementation, accounting and accounting books, accounting vouchers, financial accounting reports, audit reports, audit procedures for accounts and other information;

(ii) Investigation and inquiries into oversight matters with respect to the personnel of the inspectorate;

(iii) Verification of cash, value securities, in-kind and production of operations, operational activities and accounting for the subject of oversight;

(iv) Upon approval by the heads of the financial sector of the population at the district level, information may be provided to the financial institutions for the purpose of accessing the deposits of the surveyed, inspectorate units;

(v) The registration of evidence that may be lost or otherwise difficult to obtain, with the approval of the heads of the financial sector of the people at the district level, and the timely decision-making within 7 days;

(vi) A person who is subject to oversight to the cessation of financial violations; a refusal to implement, may suspend financial allocations or cease the disbursement of funds directly related to financial offences; and an obligation to suspend or recover them;

(vii) Other mandates under laws, regulations and regulations.

Article 14.

Article 15. The financial sector has found that the financial, financial, accounting management provisions developed by the subject of oversight are incompatible with the laws, regulations and regulations and should be corrected or recommended to the relevant authorities.

Article 16 Financial departments should report on major issues identified in financial supervision in relation to fiscal taxation policies, budget implementation to the Government of the current people and the superior financial sector, accept the supervision of the General Assembly and its Standing Committees and the auditing sector, and inform the relevant departments about or inform society.

Article 17: The financial sector and its staff shall be subject to public administration, integrity and self-regulation when implementing financial supervision, and shall comply with the following provisions:

(i) Not to exceed the scope of oversight or oversight;

(ii) The non-use of the job to gain undue benefits;

(iii) Not to disclose the State's secret and the commercial secrets of the subject of scrutiny;

(iv) Be directly hurting with the subject of oversight and oversight, which should be avoided by law.

Chapter III Modalities and procedures

Financial oversight should be consistent with the combination of routine monitoring and special inspections.

The day-to-day oversight refers to real-time and dynamic oversight of the day-to-day financial management activities, including ex-ante clearance, real-time monitoring, on-site verification, tracking and effectiveness.

Specific inspections refer to oversight inspections carried out by the organization in accordance with the annual inspection plan and the daily financial management needs.

The financial sector should establish a sound day-to-day monitoring mechanism to carry out daily monitoring by law through financial operations management.

Article 20 should be developed by the financial sector to establish an annual financial oversight inspection plan to conduct financial oversight inspections in accordance with the planned organization or to organize financial oversight inspections based on the daily financial management requirements. The financial oversight inspection should be coordinated by a dedicated financial oversight body.

Article 21 provides for monitoring inspections by the financial sector, which shall form the inspection team and designate a team leader. Depending on the work needs, a social intermediary with the corresponding qualifications or a person with expertise can be employed to assist in the conduct of inspections.

The second article of the financial sector shall carry out a monitoring inspection by three working days to the subject under the supervision to the financial supervision.

The financial sector considered that three working days had a negative impact on the inspection process, with the approval of the head of the financial sector, the notice of the financial oversight inspection could be sent to due time prior to the implementation of the inspection.

Article 23. The financial sector can access documentation, information, inspection of cash, in kind, and value securities, including through the review of accounting vouchers, accounting books, financial accounting reports, to the relevant units and individual surveys. The material should have a signed or a chapter of the provider. The inspection team shall prepare the final text and be signed by the inspector or chapter.

Prior to the conclusion of the inspection, the inspection team shall seek the views of the subject of oversight in writing, inter alia, on matters such as the inspection and the existence of the subject. The subject of oversight shall be subject to written observations or clarifications from five working days from the date of receipt of written requests, which are considered to be non-objective.

Article 25 Upon completion of the inspection, the inspection team shall submit a written inspection report to the financial sector in a timely manner. The financial sector should, after receipt of the report, designate internal functional bodies or specialized personnel to review the report and other related materials. The relationship between the re-entry and the subject of scrutiny or the supervisor should be avoided.

There were significant differences between the review and the oversight of the inspection reports, and the financial sector should entrust the inspection team with further verification, updating of the relevant situation or material, and, where necessary, the inspection team should replicate the inspection.

Article 26 The financial sector shall be treated as follows:

(i) Conclusions on the inspection of those subject to surveillance that have not found financial offences;

(ii) The subject of supervision of financial offences shall be subject to administrative treatment and punishment by law;

(iii) The transfer of the relevant organs to matters that are not covered by the terms of reference of this sector.

The transferee should inform the financial sector in a timely manner.

Article 27 provides that the financial sector shall, in accordance with the law, communicate the findings and administrative processing, punishment decisions to the subject of oversight in a timely manner.

Article 28 shall be subject to administrative treatment, punishment decisions within the prescribed period and shall report on the financial sector within 15 working days after the expiration of the term.

The financial sector should follow up on the implementation of the financial administration and the penalties decision.

Article 29 implements oversight inspections in the sectors of finance, audit, tax and inspection, and should be coordinated and synchronized. The investigation, inspection findings made by the supervisory inspectorate in accordance with the law can meet the needs of this sector and should be used.

Chapter IV Legal responsibility

Article 33, in violation of this approach, provides that laws, regulations and regulations have been addressed and are implemented in accordance with their provisions.

In violation of this approach, the supervisory target is obstructed, refused to monitor the inspection or does not provide information, in kind, and the financial sector is responsible for the change of the period of time, the denial of correction, the imposition of a fine of more than 30,000 dollars for the unit, the imposition of a fine of up to 300,000 dollars for the direct responsible person and other direct responsibilities, punishable by a fine of more than 20,000 dollars, the imposition of a fine on the person of more than 20,000 dollars for the purpose of the administration of the People's Republic of China, the direct responsibility of the State and its staff.

Article 32 imposes financial supervision by one of the following acts, either by the Government of the current people or by the financial sector at the highest level; in serious circumstances, by criticizing the unit and by acting in accordance with the law on the responsibility of the principal head of the unit and its associated personnel; liability for the loss of the parties in accordance with the law; liability under the law; and criminal responsibility by law:

(i) Failure to perform statutory duties or to commit specific administrative acts in violation;

(ii) Existence in the conduct of financial oversight inspections beyond the mandate or in violation of the prescribed procedures;

(iii) To cover financial offences committed by the subject of surveillance;

(iv) The use of the job to gain undue benefits;

(v) Disclosure of State secrets and commercial secrets;

(vi) Removal of inspection information;

(vii) Other abuses of authority, omissions, provocative fraud.

Chapter V

Article 33 of this approach is implemented effective 15 February 2011.