The State-owned Assets Supervision and Administration Commission of Shanxi Province issued the Measures for Compliance Management of Provincial Enterprises in Shanxi Province (Trial), which consists of eight chapters and forty-seven articles, including general provisions, organizational responsibilities, system construction, operating mechanism, compliance culture, information construction, supervision and accountability, supplementary provisions, etc., making efforts to promote compliance management of provincial state-owned enterprises and effectively ensuring deepening reform and high-quality development.
Article 47 of the Measures is divided into eight chapters. Referring to the style and requirements of the Measures for the Compliance Management of Central Enterprises, combined with the actual situation of provincial enterprises, it was formulated after partial refinement.
The first chapter "General Provisions" explains the basic contents of these Measures, such as the basis for the formulation, the scope of application, the concept of compliance management, and the responsibilities of compliance subjects.
The second chapter "Organization and Responsibility" defines the organizational construction and specific responsibilities of the internal compliance management system of enterprises. List the compliance management responsibilities of the Party committee, the board of directors, managers, responsible persons, compliance committees, chief compliance officers, business functional departments and compliance management departments.
Chapter III "System Construction" clearly states that enterprises should establish and improve the compliance management system, formulate specific systems or operational guidelines for basic systems, key areas and foreign-related businesses in light of actual conditions, build a hierarchical and classified compliance management system, and strengthen the inspection of system implementation.
Chapter IV "Operation Mechanism" puts forward requirements from compliance risk identification, assessment and early warning, compliance review, compliance risk response, compliance inspection, violation rectification, compliance management report, compliance report, accountability and compliance evaluation. In particular, the compliance review mechanism is clarified, which further highlights the rigid constraint of compliance review, ensures that "review must be carried out", promotes enterprises to improve the quality of review, and better guarantees the normal operation and management activities of enterprises.
Chapter V "Compliance Culture" requires enterprises to actively cultivate a compliance management culture, enhance the compliance awareness of all employees in an all-round way and create a compliance atmosphere through special study, business training and strengthening publicity and education.
Chapter 6 "Informatization Construction" requires enterprises to speed up the establishment of compliance management information system, embed compliance requirements into business processes by means of informatization, and realize real-time dynamic monitoring and risk analysis of key areas and key nodes.
Chapter VII "Supervision and Accountability" clarifies the main responsibilities of provincial SASAC and enterprises, and strengthens the accountability for violations.
Chapter VIII "Supplementary Provisions" requires all enterprises to improve the compliance management system in light of the actual situation, and the municipal state-owned assets supervision institution shall guide the supervised enterprises to strengthen compliance management with reference to these measures.
The necessity of formulating "Measures"
Law-abiding operation is a major principle that any enterprise must abide by. Only by operating according to law can enterprises be stable and far-reaching. In 2022, the State-owned Assets Supervision and Administration Commission of the State Council promulgated the Measures for Compliance Management of Central Enterprises, which upgraded the normative documents of compliance management from guidelines to regulations, and compliance management became the obligation of state-owned enterprises.
In 2020, the Provincial State-owned Assets Supervision and Administration Commission issued "Guidelines for Compliance Management of Provincial Enterprises in Shanxi Province (Trial)" (Jinfa [2020] No.5) to guide enterprises to speed up compliance management and make positive progress, but there are still some problems in system design, system construction, work coordination and informatization.
At present, the internal and external environment faced by provincial enterprises is increasingly complex and severe, which urgently requires enterprises to further strengthen the construction of compliance management system and strive to improve their compliance management capabilities. Therefore, it is necessary to formulate a compliance management method with more comprehensive content, higher requirements, more practical measures and more suitable for the rigid constraints of provincial enterprises.
For the above contents, please refer to the Measures of Shanxi Provincial State-owned Assets Supervision and Administration Commission-Compliance Management of Shanxi Provincial Enterprises (Trial).