Set an example and strengthen compliance management.
The State-owned Assets Supervision and Administration Commission of the State Council issued the Measures for the Compliance Management of Central Enterprises (hereinafter referred to as the Measures), aiming at promoting central enterprises to strengthen compliance management, effectively prevent and control risks, and effectively guarantee deepening reform and high-quality development.
Enterprise compliance management is a new method and strategy for China enterprises to enter the international market and meet the international economic and trade rules with high standards. It is also a code of law to promote the high-quality development of enterprises in China. Compliance management is a key system for enterprises to effectively prevent business risks, and it is an urgent need to improve corporate governance and ensure the virtuous circle, healthy, orderly and sustainable development of enterprises under the new situation. It is also an urgent matter, and it must be done well, and central enterprises should play an exemplary role.
It has become a new trend to strengthen the compliance management of enterprises in the global market competition, and the compliance management of central enterprises in China is also being strengthened in active exploration. The State-owned Assets Supervision and Administration Commission (SASAC) has designated this year as the "year of strengthening compliance management of central enterprises", and has continuously increased its impetus, further clearly put forward the goal of building a central enterprise ruled by law with perfect governance, compliant operation, standardized management and law-abiding integrity, and promoted the construction of a compliance management system for central enterprises.
The "Measures" clearly stipulate the organization and responsibilities, system construction, operation mechanism and accountability.
The "Measures" stipulate that the principles that central enterprises should follow in compliance management are: upholding the leadership of the party, giving full play to the leading role of enterprise party committees (party groups), implementing the relevant requirements of the strategic layout of comprehensively governing the country according to law, and running the leadership of the party through the whole process of compliance management. Party committees (party groups) of enterprises play the role of leading the direction, managing the overall situation and promoting implementation, promoting strict compliance requirements of enterprises and continuously improving the level of compliance management according to law.
In order to further improve the organizational system of compliance management, the Measures, on the basis of fully drawing lessons from the advanced experience of world-class enterprises, require central enterprises to set up a "chief compliance officer" according to the actual situation, without adding new leadership positions and positions (the total number of leadership positions), with the general counsel as the key figure, and fully participating in major corporate decisions.
The chief compliance officer is responsible to the principal responsible person of the enterprise, leads the compliance management department to organize relevant work, and guides subordinate units to strengthen compliance management. The compliance review opinions on major decision-making matters shall be signed by the chief compliance officer. Take the chief compliance officer as a key person, fully participate in major decisions, and ensure that management responsibilities are in place; Take compliance review as the key link, speed up the improvement of working mechanism, and ensure that process control, risk prevention and problem rectification are in place; Focus on strengthening the compliance management of subsidiaries and subsidiaries, and strengthen dynamic monitoring through information technology to ensure that the requirements are in place.
The Measures highlight the important role of compliance management system construction, and require central enterprises to formulate specific compliance management systems or special guidelines for key risk areas such as anti-monopoly, anti-commercial bribery, eco-environmental protection, safe production, labor and employment, tax management, data protection, and businesses with high compliance risks.
Compared with the previous draft for comments, the Measures further refined and improved the operational mechanism of compliance management, requiring central enterprises to establish a mechanism for rectification of violations, plug management loopholes, and improve the level of compliance management according to law by improving rules and regulations and optimizing business processes. Business and functional departments and compliance management departments should improve the review standards, processes and priorities. According to their respective responsibilities and authorities, regularly evaluate the review situation.
In the event of major legal disputes, major administrative penalties, criminal cases and other compliance risks, or major compliance risk events such as sanctions by international organizations, which cause or may cause major asset losses or serious adverse effects, the chief compliance officer shall take the lead, cooperate with the compliance management department and coordinate with relevant departments to take timely measures to properly handle them.
In terms of supervision and accountability, the Measures require that the central enterprises should investigate the units and personnel who should have found violations due to intentional or gross negligence in the course of performing their duties, or the units and personnel who have found dereliction of duty in violations, causing losses or adverse effects to enterprises.
To sum up, the Measures are of great significance for further promoting enterprises to operate compliance management according to law, improving the ability and level of compliance management, and guiding enterprises to accelerate the construction of compliance management system.
The central enterprises take the lead in the construction of rule of law and compliance management, which will surely drive the concept of governing enterprises according to law, prospering enterprises according to law and strengthening enterprises according to law to be deeply rooted in the hearts of the people, so that the compliance management system will be integrated into the corporate culture and become the core competitiveness of enterprises. It is conducive to creating a modern, market-oriented, international and legalized business environment. Improve operational efficiency and reduce operational and transaction costs in market competition. In deepening the reform of economic system, we should promote the development of market economy practice at a higher level, speed up the construction of a higher standard basic system of market economy, and fully embody the uniqueness and superiority of the organic unity of socialist system and market economy system.