Regulations on Disposition of managers of State-owned enterprises

 

Chapter I General provisions

 

Article one　These Regulations are formulated in accordance with the Law of the People's Republic of China on Administrative Punishment of Public Officials (hereinafter referred to as the Law on Administrative Punishment of Public Officials) and other laws in order to standardize the punishment of administrative personnel of State-owned enterprises and strengthen the supervision of administrative personnel of State-owned enterprises。

Article 2　The managerial personnel of state-owned enterprises as mentioned in these Regulations refer to the following public officials in enterprises funded by the State:

(1) persons who perform such functions as organization, leadership, management and supervision in a wholly state-owned or wholly owned company or enterprise;

(2) persons nominated, recommended, appointed or approved by Party organizations or state organs, wholly state-owned or wholly-owned companies, enterprises or institutions to perform the functions of organizing, leading, managing or supervising in state-owned holding or share holding companies and their branches;

(3) Personnel engaged in organizing, leading, managing, supervising, etc., on behalf of the organizations responsible for the management and supervision of state-owned assets in the state-funded enterprises and their branches after approval or research decision by the organizations responsible for the management and supervision of state-owned assets。

The organs and units for appointment and removal of managers of State-owned enterprises (hereinafter referred to as the organs and units for appointment and removal) shall apply the provisions of Chapter II and Chapter III of the Law on Administrative Punishment of Public Officials and these Regulations to the punishment of managers of State-owned enterprises who violate the law。

Article 3　Management of state-owned enterprises adhere to the leadership of the Communist Party of China, adhere to the principle of Party management of cadres, strengthen the construction of the management of state-owned enterprises, and promote the high-quality development of state-owned enterprises。

Article 4　The appointment and removal organs and units shall strengthen the education, administration and supervision of the managerial personnel of state-owned enterprises。When imposing sanctions on the managers of state-owned enterprises, they shall adhere to fairness and fairness and decide on them through collective discussion;Adhere to the combination of leniency and punishment with education;We will adhere to the principle of the rule of law, take facts as the basis and the law as the criterion, and protect the legitimate rights and interests of state-owned enterprise managers and related personnel in accordance with the law。

Article 5　Institutions that perform the functions and responsibilities of investors or departments that have the authority to administer cadres shall be governed by laws, regulations and relevant provisions of the State，To guide state-owned enterprises to integrate and optimize supervision resources，We will promote the integration of investor supervision with discipline inspection supervision, inspection supervision, audit supervision, financial and accounting supervision, and social supervision，We will improve a coordinated and efficient supervision mechanism，Establish an internal supervision and management system that coordinates and checks each other，We will make supervision of state-owned enterprises and their managers more systematic, targeted and effective。

Article 6　Sanctions given to managers of state-owned enterprises shall be clear in fact, solid in evidence, accurate in nature, proper in handling, legal in procedure and complete in formalities, and shall be commensurate with the nature, circumstances and degree of harm of their illegal acts。

 

Chapter II Types and application of sanctions

 

Article 7　The types of punishments are:

(1) Warning;

(2) record demerits;

(3) major demerits;

(4) demotion;

(5) removal from office;

(6) Dismissal。

Article VIII　The period of punishment shall be:

(a) warning, 6 months;

(2) demerit, 12 months;

(3) major demerit, 18 months;

(4) Demotion or removal, 24 months。

The sanction decision shall take effect as of the date it is made, and the sanction period shall be calculated from the date the sanction decision takes effect。

The ninth article　If the managers of state-owned enterprises have two or more illegal acts that need to be punished at the same time, their punishments shall be determined separately。If the types of sanctions to be imposed are different, the heaviest of them shall be enforced;Where more than one penalty of the same type should be imposed following the removal of the post, the penalty period may be determined in more than one penalty period or less than the sum of multiple penalty periods, but the longest period shall not exceed 48 months。

Article ten　Where a state-owned enterprise commits an illegal act or a decision made collectively by the managers of a State-owned enterprise violates the law and legal responsibility should be investigated, the leading personnel who are responsible and the managers of the State-owned enterprise who are directly responsible shall be given sanctions。

If two or more managers of a state-owned enterprise jointly violate the law and need to be given sanctions, they shall be given corresponding sanctions according to their respective responsibilities。

Article 11　Administrative personnel of state-owned enterprises may be given lighter or mitigated sanctions under any of the following circumstances:

(1) to voluntarily account for his own illegal acts that should be punished;

(2) cooperate with the investigation and truthfully state the facts of his violation;

(3) reporting illegal acts of others, which is verified by investigation;

(4) take proactive measures to effectively avoid or recover losses or eliminate adverse effects;

(5) playing a secondary or auxiliary role in a joint illegal act;

(6) Voluntarily handing over or returning illegal gains;

(7) The mistakes and mistakes that occurred in promoting the reform of state-owned enterprises due to lack of experience and trial and error;

(8) Other lenient or mitigated circumstances provided for by laws and regulations。

The term "lenient punishment" means that a lighter punishment is given within the range of punishment that should be given for the illegal acts provided for in these Regulations。

The term "mitigated punishment" means that the punishment shall be mitigated by one step in addition to the range of punishment to be imposed for the illegal acts provided for in these Regulations。

Article 12　Managers of state-owned enterprises whose violations are minor and fall under any of the circumstances provided for in paragraph 1 of Article 11 of these Regulations may be reminded, criticized and educated, ordered to be inspected or given encouragement, and exempted or not punished。

Managers of state-owned enterprises who are coerced or coerced into participating in illegal activities because they do not know the truth and show repentance after criticism and education may be mitigated, exempted or not punished。

Article 13　Managers of state-owned enterprises in any of the following circumstances shall be given heavier sanctions:

(1) If he intentionally violates the law again during the disciplinary period, he shall be punished;

(2) preventing others from reporting or providing evidence;

(3) confessing in collusion or forging, concealing or destroying evidence;

(4) harbouring a co-conspirator;

(5) coercing or abetting others to commit illegal acts;

(6) refusing to hand over or return illegal gains;

(7) Other serious circumstances provided for by laws and regulations。

A heavier punishment means that a heavier punishment is given within the range of punishment that should be given for the illegal acts provided for in these Regulations。

Article 14　The managers of state-owned enterprises shall not be promoted to positions, post levels or professional titles during the disciplinary period;Among them, demerit, demerit, demotion, dismissal, shall not be promoted to the salary level。If he is removed from his post, his post or post level shall be reduced, and his remuneration shall be reduced at the same time。If he is dismissed, the employing unit shall terminate the labor contract according to law。

Article 15　Property illegally obtained by the managers of state-owned enterprises and personal property used for illegal acts shall be returned to the original owners or holders, except for those which should be confiscated, recovered or ordered to return compensation by the relevant authorities according to law。

For the posts, ranks, levels, posts, staff grades, professional titles, benefits, qualifications, academic qualifications, degrees, honors, awards and other benefits obtained by managers of state-owned enterprises due to illegal acts, the appointing and removing organs or units shall make corrections or suggest relevant organs, units and organizations to make corrections in accordance with regulations。

Article 16　Retired managers of state-owned enterprises who have committed illegal acts before or after retirement shall be punished，No further disciplinary decisions will be made，But a case can be filed for investigation;Those who should be given punishments of demotion, removal or dismissal according to law，The treatment they enjoy shall be adjusted accordingly in accordance with the provisions，The property illegally obtained and the personal property used for illegal acts shall be handled in accordance with the provisions of Article 15 of these Regulations。

 

Chapter III Illegal Acts and their applicable sanctions

 

Article 17　If a manager of a state-owned enterprise commits any of the following acts, a demerit record or a major demerit record shall be given in accordance with the provisions of Article 28 of the Law on Administrative Penalties for Public Officials;If the circumstances are serious, he shall be demoted or removed from his post;If the circumstances are serious, he shall be dismissed:

(1) spreading statements that undermine adherence to and improvement of the basic socialist economic system;

(2) refusing to implement or in disguise not implementing the relevant decisions and arrangements for the reform and development of state-owned enterprises and Party building;

(3) harming national security and national interests in such work as foreign economic cooperation, foreign aid and foreign exchanges。

Those who publicly publish articles, speeches, declarations, statements, etc. that oppose the guiding ideology of the State established in the Constitution, the leadership of the Communist Party of China, the socialist system, and reform and opening up shall be expelled。

Article 18　A manager of a state-owned enterprise who commits any of the following acts shall be given a warning, demerit record or a major demerit in accordance with the provisions of Article 30 of the Law on Administrative Penalties for Public Officials;If the circumstances are serious, he shall be demoted or removed from office:

(1) In violation of the prescribed decision-making procedures, functions and powers to decide on major decision-making matters, important personnel appointment and removal matters, major project arrangement matters, large amount of funds operation matters;

(2) deliberately circumventing, interfering with, or undermining collective decision-making, in which individuals or a small number of individuals decide on major decision-making matters, important personnel appointment and removal matters, major project arrangement matters, and large-scale fund operation matters of State-owned enterprises;

(3) refusing to implement or arbitrarily changing the major decisions made by the State-owned enterprise's party committee (group) meeting, shareholders (general) meeting, board of directors, workers' congress and other collectives according to law;

(4) refusing to implement, failing to implement in disguised form, or delaying the implementation of the decisions made in accordance with law by institutions, trade administrative departments and other relevant departments that perform the responsibilities of the investor。

Article 19　A manager of a state-owned enterprise who commits any of the following acts shall be given a warning, demerit record or a major demerit in accordance with the provisions of Article 33 of the Law on Administrative Penalties for Public Officials;If the circumstances are serious, he shall be demoted or removed from his post;If the circumstances are serious, he shall be dismissed:

(1) Taking advantage of his position to embezzle, steal, defraud or by other means illegally occupy or misappropriate the property or customer assets of the Enterprise and its affiliated enterprises;

(2) Taking advantage of his position to demand money or property from others or illegally accepting money or property from others, so as to seek benefits for others;

(3) offering bribes to state organs, state-funded enterprises, institutions or people's organizations, or to state functionaries, enterprises or other units, foreign public officials or officials of international public organizations for the purpose of seeking illegitimate benefits;

(4) Taking advantage of his power or position to influence, in violation of regulations, to seek private gains for himself or others in major matters related to the rights and interests of investors of state-owned assets and in activities such as project construction, asset disposal, publication and distribution, bidding and tendering;

(5) conniving or acquiescing in the use of their own power or position of influence, in the enterprise related to the rights and interests of state-owned assets of major matters and enterprise management activities to seek private gains;

(6) In violation of regulations, private distribution of state-owned assets to individuals in the name of units。

Those who refuse to correct specific related persons in violation of the provisions of the office, part-time or engaged in business activities, and do not obey the post adjustment, shall be removed from office。

Article 20　A manager of a state-owned enterprise who commits any of the following acts shall, in accordance with the provisions of Article 35 of the Law on Administrative Penalties for Public Officials, be given a warning, demerit or a major demerit if the circumstances are serious;If the circumstances are serious, he shall be demoted or removed from office:

(1) raising the total wage or paying wages in excess of the total wage, or setting and issuing wage income in other forms such as allowances, subsidies, bonuses in addition to the total wage;

(2) failing to implement budget management of total wages, or failing to follow the procedures for filing or approving total wages as required;

(3) In violation of regulations, self-determined remuneration, incentives, allowances, subsidies and other welfare monetary income;

(4) exceeding the prescribed standards and scope in terms of training activities, office accommodation, official vehicles, business hospitality and travel expenses;

(5) Travel with public funds or travel with public funds in disguise in the name of study and training, investigation and research, and recuperation of employees。

Article 21　A manager of a state-owned enterprise who commits any of the following acts shall be given a warning, demerit or major demerit in accordance with the provisions of Article 36 of the Law on Administrative Penalties for Public Officials;If the circumstances are serious, he shall be demoted or removed from his post;If the circumstances are serious, he shall be dismissed:

(1) In violation of regulations, an individual runs a business enterprise, owns shares or securities of an unlisted company (enterprise), engages in paid intermediary activities, registers a company outside the country (territory), or engages in profit-making activities such as investing as a share;

(2) taking advantage of his position to operate an enterprise of the same kind as the enterprise he is employed in for others;

(3) In violation of regulations, holding concurrent posts without approval in the enterprise invested by the enterprise or other enterprises, institutions, social organizations, intermediary institutions, international organizations, etc.;

(4) Taking a part-time job after approval, but receiving salary or obtaining other income in violation of regulations;

(5) Using enterprise insider information or other undisclosed information, trade secrets, intangible assets, etc., to seek private gains。

Article 22　Managers of state-owned enterprises in the process of fulfilling the responsibility of providing social public services，Infringe upon the legitimate rights and interests of the object of service or social public interests，Be verified by the regulatory body and put forward a proposal for punishment，According to Article 38 of the Civil Servants Administrative Punishment Act，More serious circumstances，Giving a warning, demerit or a major demerit;serious，Be demoted or removed from office;The circumstances are particularly serious，dismiss。

Article 23　If a manager of a state-owned enterprise commits any of the following acts, causing losses of state-owned assets or other serious adverse consequences, he shall be given a warning, demerit record or major demerit record in accordance with the provisions of Article 39 of the Law on Administrative Punishments for Public Officials;If the circumstances are serious, he shall be demoted or removed from his post;If the circumstances are serious, he shall be dismissed:

(1) to withhold, occupy, misappropriate or delay the budgetary revenues that should be turned over to the State Treasury;

(2) failing to perform or incorrectly performing business and investment duties in violation of regulations;

(3) engaging in affiliated transactions, financing trade, false transactions, false joint ventures, affiliated operations and other activities in violation of regulations;

(4) failing to handle or truthfully handle the registration of property rights of state-owned assets of enterprises within the time limit prescribed by the State, or forging, altering, leasing, lending or selling property rights registration certificates (forms) of state-owned assets;

(5) refusing to provide relevant information or compiling false data information, resulting in the distortion of the performance evaluation results of state-owned enterprises;

(6) covering up the real situation of the enterprise, falsely providing relevant information and materials to intermediary service agencies such as accounting firms, law firms and asset assessment agencies, or colluding with intermediary service agencies such as accounting firms, law firms and asset assessment agencies to commit fraud。

Article 24　A manager of a state-owned enterprise who commits any of the following acts shall be given a warning, demerit record or a major demerit in accordance with the provisions of Article 39 of the Law on Administrative Penalties for Public Officials;If the circumstances are serious, he shall be demoted or removed from his post;If the circumstances are serious, he shall be dismissed:

(1) Money laundering or participating in money laundering;

(2) absorbing customer funds without entering the accounts, illegally absorbing public deposits or absorbing public deposits in disguised form, participating in private lending or participating in disguised form in violation of regulations;

(3) granting loans in violation of regulations, reducing or reducing the principal of loans, suspending interest, reducing interest, postponing interest, exempting interest, or extending the term of loans, writing off bad debts, and disposing of non-performing assets;

(4) issuing financial instruments, providing guarantees, accepting, paying or guaranteeing illegal instruments in violation of regulations;

(5) breach of fiduciary obligations, unauthorized use of client funds or other entrusted or trust assets;

(6) forging or altering currencies, precious metals, financial instruments or state-issued securities;

(7) Forging, altering, transferring, leasing or lending the operation license or approval documents of a banking institution, establishing a banking institution or issuing stocks or bonds without approval;

(8) fabricating and disseminating false information affecting securities and futures trading, manipulating securities and futures markets, providing false information or forging, altering or destroying transaction records, and inducing investors to buy or sell securities and futures contracts;

(9) making false claims or participating in insurance fraud activities;

(10) Stealing, buying or illegally providing others' credit card information and other citizens' personal information。

Article 25　Any manager of a state-owned enterprise who commits any of the following acts, resulting in adverse consequences or effects, shall be given a warning, demerit or major demerit in accordance with the provisions of Article 39 of the Law on Administrative Penalties for Public Officials;If the circumstances are serious, he shall be demoted or removed from his post;If the circumstances are serious, he shall be dismissed:

(1) divulging enterprise insider information or trade secrets;

(2) forging, altering, transferring, renting or lending administrative license certificates or qualification certificates, or renting or lending the names of state-owned enterprises or the business names in the names of enterprises;

(3) Violating regulations by borrowing local government debts or borrowing local government debts in disguise;

(4) violating regulations outside the People's Republic of China, causing major project quality problems, causing major labor disputes or other serious consequences;

(5) failure to perform or fail to perform the duties of production safety administration according to law, resulting in production safety accidents;

(6) Formalistic and bureaucratic behaviors such as perfunctorily dealing with, shifting responsibilities, or unilaterally understanding and mechanically implementing the Party's and state's lines, principles, policies, major decisions and arrangements in their work;

(7) refusing, obstructing, delaying the supervision of investors, auditing, and financial and accounting supervision carried out in accordance with the law, or refusing to rectify, perfunctory, or false rectification of problems found in the supervision of investors, auditing, and financial and accounting supervision;

(8) failing to provide relevant information, submit relevant reports or fulfill the obligations of information disclosure in accordance with the law, or cooperating with other entities to engage in illegal activities;

(9) failing to perform its statutory duties or illegally exercising its powers, infringing upon the lawful rights and interests of laborers;

(10) refusing or delaying payment of funds to small and medium-sized enterprises or wages of migrant workers in violation of regulations;

(11) instructing, instigating, forcing, conniving or covering up subordinates to violate laws and regulations。

 

Chapter IV Procedures for punishment

 

Article 26　Appointment and removal organs and units shall, in accordance with the authority of cadre management, punish managers of state-owned enterprises who have committed violations of the Law on Administrative Sanctions against Public Officials and these Regulations, and protect the legitimate rights and interests of managers of State-owned enterprises and related personnel。

The appointment and removal organs and units shall, in light of the actual situation of the organizational form and organization of the state-owned enterprises, clarify the internal departments or agencies (hereinafter referred to as the undertaking departments), their duties, powers and operating mechanisms that undertake the punishment of the management personnel of the state-owned enterprises。

Article 27　The investigation and handling of the managers of state-owned enterprises suspected of violating the law shall be carried out by more than two staff members in accordance with the following procedures:

(1) With the consent of the person in charge of the appointing or removing organ or unit, the undertaking department shall conduct preliminary verification of the problem clues that need to be investigated and handled;

(2) After preliminary verification，The undertaking department considers that the management personnel of the state-owned enterprise are suspected of violating the Law on Administrative Punishment of Public Officials and the provisions of these Regulations，Need further verification，The case shall be filed with the approval of the principal person in charge of the appointment and removal organ or unit，Inform in writing the managers of the state-owned enterprises under investigation themselves (hereinafter referred to as the persons under investigation) and their units，And notify the supervisory organs with administrative authority;

(3) The undertaking department shall be responsible for further investigation of the illegal acts of the persons under investigation, collection and verification of relevant evidentiary materials, understanding of the situation from the relevant units and personnel, and forming a written investigation report to the appointment and removal organs and units in charge of the report, the relevant units and individuals shall provide truthful information;

(4) If the undertaking department informs the person under investigation of the facts determined by the investigation and the basis for the proposed punishment, listens to his statements and defense, verifies the facts, reasons and evidence put forward by him, and puts them on record, the facts, reasons and evidence put forward by the person under investigation shall be adopted;

(5) the undertaking department, after examination, puts forward handling suggestions, reports to the leading members of the appointment and removal organs and units for collective discussion in accordance with the procedures, makes a decision on the person under investigation, exemption from punishment, refusal to punish or cancellation of the case, and reports it to the supervisory organs with administrative authority;

(6) The appointment and removal organs and units shall be within one month from the date of the decision made in paragraph 5 of the first paragraph of this article，The person under investigation and the unit to which he belongs shall be notified in writing of the decision on the disposition, exemption, refusal or cancellation of the case，And declare within certain limits，Involving state secrets, trade secrets or personal privacy，In accordance with the relevant provisions of the State;

(7) The undertaking department shall put the relevant decision and implementation materials of the punishment into the personal file of the person under investigation, and gather the relevant materials to form the work file of the punishment case。

It is strictly prohibited to collect evidence by threatening, enticing, deceiving or other illegal means。Evidence collected in an illegal manner shall not be used as a basis for sanctions。A heavier punishment shall not be imposed on the basis of the defense of the person under investigation。

Article 28　In the course of the investigation of major illegal cases, if it is really needed, supervisory organs with administrative authority may be asked to provide necessary support。

Where the violation of the law is complex, involves a wide range or has a major impact, and there is difficulty in investigation and verification by the appointment and removal organ or unit, with the consent of the person in charge of the appointment and removal organ or unit, it may consult a supervisory organ with administrative authority to deal with it。

Article 29　A decision shall be made within 6 months from the date of filing a case against a manager of a state-owned enterprise;If the case is complicated or there are other special circumstances, it may be extended appropriately upon approval by the principal person in charge of the appointing or removing organ or unit, but the extension period shall not exceed 6 months。

Article 30　Where a decision is made to impose sanctions, a written decision on sanctions shall be made。

The following matters shall be specified in the written decision on punishment:

(1) the name, work unit and position of the management personnel of the state-owned enterprise who is punished (hereinafter referred to as the person being punished);

(2) illegal facts and evidence;

(3) the type and basis of the sanction;

(4) The channels and time limits for application for review and appeal if the decision is not accepted;

(5) The name and date of the organ or unit that made the decision。

The written decision on punishment shall bear the seal of the organ or unit that made the decision。

Article 31　Personnel involved in the investigation and handling of illegal cases involving managers of state-owned enterprises shall recuse themselves under any of the following circumstances, and the person under investigation, the prosecutor and other relevant personnel may request them to recuse themselves:

(1) It is a close relative of the person under investigation or the informant;

(2) Having served as a witness in the case;

(3) he or his close relatives have an interest in the case under investigation;

(4) Other circumstances that may affect the impartial investigation and handling of the case。

The withdrawal of the principal person in charge of the appointment or removal of an organ or unit shall be decided by the head of the organ or unit at the next higher level;The withdrawal of other persons participating in the investigation and handling of illegal cases shall be decided by the head of the appointing or removing organ or unit。

Where the appointment and removal organ or unit finds that the personnel involved in the disciplinary work should withdraw, it may directly decide that the personnel should withdraw。

Article 32　Where the managers of state-owned enterprises are investigated for criminal responsibility according to law, the organs or units of appointment and removal shall give sanctions according to law according to the effective judgments, rulings and decisions of the judicial organs and the facts and circumstances determined by them。

Where the managers of state-owned enterprises are subject to administrative penalties according to law and should be given sanctions, the organs or units of appointment and removal may, after verification, give sanctions according to law on the basis of the facts and circumstances identified in the effective decision on administrative penalties。

After the appointment or removal organ or unit has made a decision on sanctions in accordance with the provisions of the first and second paragraphs of this article, the judicial organ or administrative organ changes the original effective judgment, ruling or decision in accordance with the law, which has an impact on the original decision on sanctions, the appointment or removal organ or unit shall make a corresponding settlement in accordance with the changed judgment, ruling or decision。

Article 33　An appointment or removal organ or unit imposes sanctions on a manager of a state-owned enterprise who is a deputy to a people's congress at any level or a member of a committee of the Chinese People's Political Consultative Conference at any level，It shall be reported to the relevant Standing Committee of the people's Congress，The presidium of the people's Congress of a township, nationality township or town, or the Standing Committee of the Chinese People's Political Consultative Conference。

Article 34　Where a manager of a state-owned enterprise is suspected of violating the law, has been placed under investigation and is unfit to continue to perform his duties, the appointment and removal organ or unit may decide to suspend him from performing his duties。During the period of investigation, no manager of a state-owned enterprise may leave the country or resign from his public office without the consent of the appointment and removal organ or unit that decided to file the case;The organs or units that appoint or remove them, as well as the organs or units at higher levels, may not exchange, promote, reward them or go through the retirement formalities。

Article 35　In the investigation, it is found that the managers of state-owned enterprises have suffered from false reports, false accusations and frame-ups, insults and defamation due to the performance of their duties in accordance with the law, resulting in adverse effects, the appointment and removal organs and units shall clarify the facts in a timely manner, restore their reputations, and eliminate adverse effects。

Article 36　Managers of state-owned enterprises are subject to demotion, removal or dismissal，It shall be within 1 month after the decision is made，The corresponding personnel department shall handle the formalities for the change of post, position, salary and other relevant benefits in accordance with the authority of management，Modify or terminate the labor contract according to law;Under special circumstances，The handling period may be extended appropriately upon approval by the principal person in charge of the appointment or removal organ or unit，However, the maximum period shall not exceed 6 months。

Article 37　If a manager of a state-owned enterprise is subject to a sanction other than dismissal, shows repentance during the sanction period, and does not appear again in violation of the law that should be punished, the sanction shall be automatically terminated after the expiration of the sanction period。

After the dismissal of the sanctions, the assessment and promotion positions, ranks, levels, posts and staff grades, titles, salary and treatment levels will no longer be affected by the original sanctions。However, if he is demoted or removed from office, he shall not be restored to his post, rank, rank, post, staff rank, title, salary and treatment level before the punishment。

The appointment and removal organs and units shall, in accordance with the relevant provisions of the State, correctly treat and rationally use the managers of state-owned enterprises who have been punished, adhere to the importance of respecting incentives and supervision and constraints, and create a good environment for officers to start businesses。

 

Chapter V Review and appeal

 

Article 38　If the person subject to a sanction is not satisfied with the sanction decision, he may, within one month from the date of receipt of the sanction decision, apply to the appointment or removal organ or unit that made the sanction decision (hereinafter referred to as the original sanction decision unit) for a review。The original sanction decision unit shall make the decision of review within 1 month after receiving the application for review。

Where the time limit for the application for review is delayed due to irresistible causes or other legitimate reasons, the person being punished may, within 10 working days after the obstacle is removed, apply for an extension of the time limit;Whether it is permitted or not shall be decided by the unit that originally decided on the sanction。

Article 39　If the punished person still refuses to accept the decision of review, he may, within one month from the date of receipt of the decision of review, appeal to the organ or unit at the next higher level in accordance with his administrative authority。The organ or unit accepting the complaint (hereinafter referred to as the complaint organ) shall make a decision on handling the complaint within 2 months from the date of acceptance;If the case is complicated, it may be extended appropriately, but the extension period shall not exceed one month。

Where the time limit for applying for a grievance is delayed due to irresistible causes or other legitimate reasons, the person subject to disciplinary action may apply for extending the time limit within 10 working days after the obstacle is removed;Whether it is permitted or not shall be decided by the complaining authority。

Article 40　After the original sanction decision unit receives the application for review and the appeal organ accepts the appeal, the relevant undertaking department shall set up a working group to review the original case materials and, if necessary, conduct investigation, collect and verify the relevant evidence materials, and understand the situation from the relevant units and personnel。The working group shall collectively study, put forward opinions, report to the original punishment decision unit and the leading members of the appeal organ for collective discussion to make a review and appeal decision according to the procedure, and inform the supervisory organ with administrative authority。The decision on review and appeal shall be notified in writing to the person punished and the unit to which he belongs within one month from the date of making the decision, and announced within a certain range;Where state secrets, trade secrets or personal privacy are involved, they shall be handled in accordance with the relevant provisions of the State。

The execution of the original sanction decision shall not be suspended during the period of review or appeal。

No administrative personnel of a state-owned enterprise shall be given a heavier punishment for filing a review or appeal。

Adhere to the separation of review and appeal from the original investigation, and the original investigation and contractor shall not participate in the review and appeal。

Article 41　If the organ or unit of appointment or removal finds that there is a definite mistake in the decision on sanction made by its own organ or unit or the organ or unit at a lower level, it shall make a correction in a timely manner or order the organ or unit at a lower level to make a correction in a timely manner。

If the supervisory organ finds that the appointment and removal organ or unit should impose sanctions but fails to do so, or the sanctions given are illegal or improper, and puts forward suggestions for supervision according to law, the appointment and removal organ or unit shall adopt them and inform the supervisory organ of the implementation by letter, and shall explain the reasons for not adopting them。

Article 42　Under any of the following circumstances, the original disciplinary decision unit or the appealing organ shall revoke the original disciplinary decision and make a new decision or the appealing organ shall order the original disciplinary decision unit to make a new decision:

(1) the illegal facts on which the sanction is based are unclear or the evidence is insufficient;

(2) violating the procedures prescribed in these Regulations and affecting the fair handling of the case;

(3) exceeding their powers or abusing their powers to make disciplinary decisions。

Article 43　Under any of the following circumstances, the original sanction decision unit or the appealing organ shall alter the original sanction decision, or the appealing organ shall order the original sanction decision unit to alter it:

(1) There is a definite error in the application of laws and regulations;

(2) There is a definite mistake in determining the circumstances of the illegal act;

(3) improper punishment。

Article 44　If the original disciplinary decision unit or the appeal authority considers that the facts are clearly identified and the law is correctly applied, it shall be upheld。

Article 45　If the punishment decision of the management of a state-owned enterprise is changed, and the position, post level, salary level, etc. of the management of the State-owned enterprise is to be adjusted, it shall be adjusted in accordance with the provisions。Where the disciplinary decision of a manager of a state-owned enterprise is revoked, and it is necessary to restore the position, post level, salary level, etc., of the manager of the State-owned enterprise, the corresponding position and post shall be arranged according to the original position and post level, and the reputation of the manager shall be restored within the scope of the announcement of the original disciplinary decision。

Managers of state-owned enterprises who are revoked or mitigated due to the circumstances provided for in Article 42 and Article 43 of these Regulations shall make appropriate compensation for the loss of their remuneration in light of their actual performance of duties, performance contributions and other circumstances。

The decision to maintain, change or revoke a sanction shall be served and announced within 1 month after it is made in accordance with the provisions of paragraph 1, paragraph 6 of Article 27 of these Regulations, and shall be stored in the person subject to a sanction's own file。

 

Chapter VI Legal liability

 

Article 46　Where the appointment and removal organs, units and their staff have the circumstances prescribed in Article 61 and 63 of the Law on Administrative Punishment of Public Officials in the punishment of management personnel of State-owned enterprises, the responsible leading personnel and the directly responsible personnel shall be dealt with in accordance with the provisions of the Law on Administrative Punishment of Public Officials。

Article 47　Where the relevant organs, units, organizations or persons refuse to implement the decision on sanctions or fall under the circumstances provided for in Article 62 of the Law on Administrative Punishments for Public Officials, they shall be dealt with by their superior organs, competent departments, institutions performing the functions and responsibilities of investors or agencies or units appointing and removing public officials in accordance with the provisions of the Law on Administrative Punishments for Public Officials。

Article 48　Where relevant units or individuals distort and fabricate facts by means of reporting or other means, falsely accuse and frame managers of state-owned enterprises, they shall bear legal responsibility according to law。

Article 49　Whoever violates the provisions of these Regulations and constitutes a crime shall be investigated for criminal responsibility according to law。

 

Chapter VII Supplementary Provisions

 

Article 50　Where there are other provisions of the State regarding the investigation of responsibility for managers of state-owned financial and cultural enterprises that violate the law, they shall apply simultaneously。

Article 51　Before the implementation of these Regulations, if a case that has been concluded needs to be reviewed or appealed, the provisions of the time shall apply。In cases that have not yet been concluded, if the provisions at the time of the act are not considered illegal, the provisions at that time shall apply;If an act is considered illegal by the provisions at the time of its occurrence, it shall be dealt with in accordance with the provisions at that time, but if it is not considered illegal by these Regulations or is dealt with in a less severe manner under these Regulations, these Regulations shall apply。

Article 52　These Regulations shall come into force on September 1, 2024。