(On January 20, 2005 State State-owned assets supervision Management Committee makes 11th, announced since on March 1, 2005 up purposes) first chapter General first article for strengthening Enterprise State-owned assets of supervision management, maintenance funded people and central enterprise of lawful rights and interests of, guarantees State-owned assets security, prevent State-owned assets loss, promote central enterprise established sound enterprise counsel system and legal risk prevention mechanism, specification central enterprise major legal disputes case of management, according to enterprise State-owned assets supervision management interim regulations
    These measures are formulated.
    Article Central SOEs in these measures refers to according to the authorized by the State-owned assets supervision and Administration Commission of the State Council (hereinafter referred to as the State Council, SASAC) the Enterprise shall perform the investor's duties.
    Third article this approach by said major legal disputes case, is refers to has following case one of of litigation, and arbitration or may caused litigation, and arbitration of case: (a) involved amount over 50 million Yuan Yuan of; (ii) central enterprise as litigation party and a trial by senior Court accepted of; (three) may raised group litigation or series litigation of; (four) other involved funded people and central enterprise major interests or has both at home and abroad major effect of.
    Fourth State Council, SASAC is responsible for directing the Central enterprises major legal dispute processing, filing and coordination.
    Fifth central enterprise shall deal with legal disputes, strengthen the management of major legal cases, establish and improve the relevant rules and regulations and mechanisms for the effective prevention of legal risks.
    Sixth central legal disputes between enterprises, encouraging full consultation between the properly addressed. Article seventh Enterprise shall perform the duties of the legal counsel, on business management related to the prevention of legal risks, prevent or reduce the occurrence of major legal cases.
    Head of Central enterprises should pay attention to the views of the legal adviser on the prevention of legal risks, and take measures to prevent and eliminate legal risks in a timely manner.
    Chapter II dealing with cases of major legal disputes of the eighth Central enterprises, should be responsible for centrally by the legal representative of the enterprise, enterprise's general law consultant or in charge of the relevant business head of Division of labor organizations, legal services agency-specific implementation, relevant operational agencies may be required.
    Significant legal cases in the Nineth Central enterprises hired law firm, patent and Trademark Office and other agencies (hereinafter referred to as the law agency) agents, shall establish and improve the employment law of the intermediary's management system, strengthen the management of the legal employment of intermediaries, perform necessary internal auditing procedures.
    Central legal service institutions specifically responsible for the selection of the tenth article legal intermediaries, and to monitor and evaluate their work.
    11th according to employment law of the intermediary's work performance, unified central employment law Agency databases, and to their credit, performance evaluation and dynamic management.
    Chapter record 12th under the SASAC and the central system of enterprise records management of major legal disputes. 13th Central enterprises to major legal disputes shall be promptly reported to the Commission under the State Council for the record.
    Involved in litigation or arbitration, shall, within 1 month from the date of filing the report Commission of the State Council for the record. Central business enterprise of major legal disputes shall be submitted to enterprises under the Central Government for the record.
    Central SOEs should the daughter enterprise of major legal cases a year filed a summary, the following year before the end of February, reported to the Commission under the State Council for the record.
    14th Central enterprises under SASAC filed documents shall be kept by the legal representative or principal responsible to issue.
    15th Central enterprises under SASAC filed documents shall include the following: (a) the basic facts, including the parties to the case, the parties, the amount of money involved, major statement of fact, controversial, (b) treatment and effect; (c) analysis and prediction of the outcome of the case and (iv) corporate legal Affairs legal opinion issued by the Agency.
    Major legal disputes reported to the Commission under the State Council for the record after the closing of the case, the central enterprise shall promptly report the situation to the SASAC.
    16th Central enterprises shall on a regular basis to the major legal cases that occur within the system of statistics, causes and incidence, incidence trends, results analysis and evaluation, and improving preventive measures.
    Fourth chapter coordination center of the 17th company of a major legal case should be handled by a central independently according to law.
    SASAC to one of the following major legal dispute could be coordinated: (a) is not provided by law or is not clear, (ii) or unclear provisions not covered in policy, and (iii) undue intervention, seriously affecting the Central and the legitimate rights and interests of enterprises and (iv) other circumstances considered necessary to coordinate the State-owned assets supervision.
    18th state-owned assets supervision coordination central enterprises major legal disputes should adhere to the following principles: (a) the representatives shall perform the investor's duties, (ii) to safeguard the legitimate rights and interests of investors and Central enterprises, ensure the safety of State-owned assets, and (iii) keeping commercial secrets of Central enterprises; (iv) in accordance with the law, fairness and impartiality.
    19th Central enterprises submitted to the State Council, the SASAC coordinated a major legal dispute, should corporate Chief himself organized coordinated in advance.
    20th article central enterprise reported to the State SASAC coordination major legal disputes case of file, except including this approach 15th article provides of content outside, also should including following content: (a) case occurred Hou enterprise of processing, and record situation; (ii) case on enterprise of effect analysis; (three) case agent of work situation; (four) case involved of main evidence and legal instruments; (five) need State SASAC coordination processing of focus problem.
    21st central business enterprise of major legal disputes the need for coordination should be coordinated by a central enterprise; there is difficulty in coordination and in accordance with the provisions of article 17th of this approach, coordinated by the Central SOEs reported to the State-owned assets supervision.
    Fifth chapter of rewards and punishments article 22nd State Council, SASAC and Central enterprises shall strengthen the major legal dispute processing, supervision and inspection of the record.
    23rd Central enterprises should make a significant contribution to legal services and corporate counsel, business institutions and recognition and reward staff. 24th article central enterprise not according to provides established sound legal risk prevention mechanism and Enterprise counsel system, on major legal disputes case processing improper or not according to this approach record of, by State SASAC be informed criticism; plot serious or caused Enterprise State-owned assets major loss of, by State country funding Board, and central enterprise according to personnel management of Division and permission, on directly is responsible for of competent personnel and other directly responsibility personnel law give disciplinary, while held its related legal responsibility.
    Are suspected of the crime, law transferred to judicial organs for handling. 25th corporate counsel and related staff in dealing with major legal dispute in negligence, abuse of power, for personal gain, causing large losses to the enterprise, shall be investigated for legal responsibility.
    Are suspected of the crime, law transferred to judicial organs for handling. 26th article related to state-owned assets supervision staff in violation of the provisions of article 18th, in accordance with the relevant provisions of administrative sanctions in serious or resulting in major losses of State-owned assets of enterprises, investigated for legal responsibility according to law.
    Are suspected of the crime, law transferred to judicial organs for handling.
    Sixth chapter supplementary articles article 27th local State-owned assets supervision and administration in accordance with the measures, and according to local conditions to develop specific provisions.
                                                                                                                  28th article of the rules take effect on March 1, 2005.