Qingdao Municipal State-Owned And State-Holding Enterprises Oversight Body Work

Original Language Title: 青岛市市属国有及国有控股企业监督机构工作规定

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(June 28, 2005, Qingdao municipal people's Government at the 18th Executive Meeting July 8, 2005 the people's Government of Qingdao to 180th announced since August 15, 2005) first to strengthen oversight of the municipal State-owned and State-holding enterprises, preventing the loss of State assets, according to the People's Republic of China law, interim regulations on State-owned assets supervision and administration of enterprises and other provisions of the relevant laws and regulations, combined with the city's actual, these provisions are formulated.
    The second municipal State-owned assets supervision and Administration Commission (hereinafter referred to as municipal SASAC) on behalf of the urban people's Government Municipal State-owned and State-holding enterprises sent to oversight bodies.
    Article III supervisory authority according to the relevant regulations of the State, combining the needs of investor supervision of enterprise assets, liabilities, equity and income statement of authenticity, legitimacy and major management decisions related to economic activities, such as supervision, ensure the safety of State-owned assets and their rights and interests.
    Fourth municipal State-owned assets supervision in accordance with the provisions of the municipal State-owned enterprises (including State-owned companies) and State-owned holding Enterprise supervisory; sent to municipal investment enterprise does not have a Board of Directors Chief Financial Officer.
    Board of supervisors of State-owned holding company in accordance with the procedure provided for in the Act.
    Article fifth municipal SASAC oversees the day-to-day management of Agency, contact the oversight body for the coordination work with the municipal government.
    For the monitoring work of the institutions, departments and enterprises should be assisted.
    Article sixth supervisory institutions to carry out supervision and inspection requirements included in the city budget, SASAC has specific responsibility for disbursement by the municipal government.
    Article seventh Chairman of the Supervisory Board and professional supervisors, Chief Financial Officer of the avoidance system in the selection of implementing.
    Article eighth number 1, by the Chairman of the Supervisory Board of supervisors members, supervisory board members not less than 3 persons.
    Supervisory authorities may employ necessary staff.
    Nineth watchdog personnel qualifications, working conditions and other Qingdao municipal State-owned assets supervision and management in accordance with the relevant provisions of the interim measures.
    Chairman of the Supervisory Board and Chief Financial Officer for Allied. Supervisor of supervisors into full-time and part-time supervisor.
    Full-time supervision municipal State-owned assets supervision delegated; part-time supervisor employee representatives. Part-time prison employees on behalf of democratic elections, municipal SASAC approved.
    Member of the Board of Directors, management personnel, in charge of finance may not serve as a part-time supervisor.
    Article tenth supervisory body members for a term of 3 years, Supervisory Board Chairman and a full-time supervisor, the Chief Financial Officer shall not be re-elected in the same enterprise.
    Chairman of the Supervisory Board and professional supervisors may also 1-3 duties of the Supervisory Board of companies; chief financial officer serving in a municipal investment company in principle. 11th article Board of supervisors and financial director law perform following duties: (a) check enterprise implementation about legal regulations and regulations of situation; (ii) check enterprise financial, check out enterprise of financial accounting information and the and enterprise business management activities about of other material, validation enterprise financial accounting report of authenticity, and legitimacy; (three) supervision enterprise restructuring, and restructuring, and merger, major investment and the investment returns, situation; (four) on Enterprise head of business behavior for supervision,
    And on Enterprise State-owned assets hedge value-added work for supervision and evaluation, proposed rewards and punishments, and appointment recommends; (five) participation enterprise and the belongs subsidiary of main head term economic responsibility and the business performance of audit; (six) sign Enterprise reported municipal government country funding Board of about restructuring exit, and property changes, and foreign investment, and assets disposal, related file; (seven) to municipal government SASAC report work; (eight) law should perform of other duties.
    In addition to the above duties, the financial controller and financial matters the sign system should be checked.
    12th Chairman of the Supervisory Board shall perform the following duties: (a) the calling and presiding over meetings of the Supervisory Board, (ii) is responsible for the daily work of the Supervisory Board, (iii) organizations to investigate and deal with major oversight matters, reports; (iv) validation, signed the Supervisory Board reports and other important documents; (v) attendance at relevant meetings; (vi) shall perform other duties by the Chairman of the Supervisory Board in accordance with law.
    13th Enterprise oversight bodies a year to conduct supervision and inspection on a regular basis, and can be special supervision and inspection according to the actual situation of the enterprise. 14th article supervision institutions through following way carried out supervision check work: (a) attended enterprise of shareholders Conference, and Board on the, and Manager Office, financial, and audit workshop and supervision institutions in accordance with duties should participate in of other Conference; (ii) heard Enterprise head and enterprise sector head on Enterprise about financial, and assets status and business management, situation of reported, in enterprise internal held and supervision check matters about of Conference; (three) sign Enterprise reported municipal government country funding Board of related file,
    Joint signed enterprise financial joint signed system provides of matters; (four) check out enterprise of financial accounting report, and accounting voucher, and accounting books, financial accounting information and and business management activities about of other information; (five) verification enterprise of financial, and assets status, to workers understand situation, and heard views, necessary Shi can requirements Enterprise head made description; to financial, and business, and tax, and labor, about sector and Bank survey understand Enterprise of financial status and business management situation;
    (F) supervision and in accordance with other works that can be taken.
    15th oversight bodies should be on the Division, merger, bankruptcy, dissolution, increase or decrease in capital and issuance of corporate bonds and other major economic event through special supervision and inspection.
    16th authority after the check, the supervisory authority shall make supervision and inspection reports in a timely manner.
    Supervision and inspection of the contents of the report include: (a) the evaluation of enterprise's financial and operating management, (ii) priority implement monitoring and (iii) problems and suggestions for the enterprise; (iv) corporate performance evaluation and rewards and punishments, appointment and removal of the head of recommendations (v) Municipal State-owned assets supervision requirement report, or oversight body, the need to report on other matters.
    Supervisory body shall not be revealed to the enterprise supervision and inspection of the contents of the report.
    17th discussed by the members of the supervisory body control and inspection report, signed by the heads of oversight agencies and reported to the municipality of SASAC.
    Monitors oversight report when there is a disagreement of principle, should be explained in the report, and individual written submissions.
    Article 18th supervisory bodies found in the supervision and inspection of business Act is likely to endanger The safety of State-owned assets, causing the loss of State assets, or violate the owner's equity of State-owned assets and other emergencies, shall submit a special report to the municipal State-owned assets supervision.
    19th authority establishments under the supervision and inspection of the enterprise's needs, suggest municipal SASAC hired intermediaries to enterprises to carry out special audits.
    Article 20th supervisory institutions should take part in business meetings, companies must be notified in advance.
    21st enterprises should focus on discussion of issues, decision-making, implementation, and results inform the supervisory authority, copied to the oversight bodies and related material for the record.
    22nd supervisors shall not accept any gift, shall not accept any remuneration, benefits, reimbursement of expenses not in the enterprise, shall participate in the Organization of enterprises, organizations or paid meals, entertainment, travel and other activities, shall not be in business for yourself, friends, or others for personal gain.
    Article 23rd supervisory personnel must be supervision and inspection reports and special reports are confidential and may not disclose the company's trade secrets.
    Article 24th supervisors in the supervision and inspection of high scores, make an important contribution to safeguard the national interest, in accordance with the relevant regulations, recognize or reward.
    Article 25th supervisory personnel of any of the following acts, in accordance with the relevant provisions of administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law: (a) significant discipline problems to enterprises not occult or gross negligence; (b) collude with companies making false inspection reports; (c) in violation of the provisions listed in article 22nd, 23rd. 26th article enterprise has following behavior one of of, on directly is responsible for of competent personnel and other directly responsibility personnel, in accordance with about provides give administrative sanctions; constitute crime of, law held criminal: (a) refused to, and hinder supervision institutions law perform duties of; (ii) refused to, and for no reason delay provides financial status and business management situation about material of; (three) hidden, and tampered with, and pseudo reported important situation and about material of; (four) to supervision personnel gift items, and paid paid, and
    Provide benefits and reimbursement of expenses (v) impede the supervision and inspection of the oversight bodies of other acts.
    27th an enterprise monitoring body personnel law or violate the provisions of this Act have the right to report to the authorities.
                                                                          28th article of the regulations come into force on August 15, 2005.