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Notice on Printing and Distributing the "Measures for the Evaluation and Evaluation of the Construction of the Rule of Law of Municipal State-owned Enterprises (Trial)" (Jing Guo Zi Fa [2018] No. 8)

Measures for the Evaluation and Evaluation of the Construction of the State-owned Enterprises under the Rule of Law (Trial)

Chapter I General Provisions

Article 1 In order to further promote the decision-making, operation, and management of municipal state-owned enterprises according to law, comprehensively improve the legal capacity and level of municipal state-owned enterprises. The State Council's work on the rule of law is practical, and these measures are formulated.

Article 2 These Measures are applicable to enterprises (affiliates) that perform the duties of investors (hereinafter referred to as "enterprises") by the State-owned Assets Supervision and Administration Commission of the Beijing Municipal People's Government (hereinafter referred to as "the State-owned Assets Supervision and Administration Commission").

Article 3 The Municipal SASAC is responsible for the organization and implementation of the assessment and evaluation of corporate legal construction (hereinafter referred to as the "evaluation work").

Article 4 The evaluation work adheres to the principles of law and regulation, quantitative evaluation, objective fairness, and clear rewards and punishments.

Chapter II Assessment Content

Article 5 The evaluation indicators are set in accordance with the requirements of the Central, Beijing, and SASAC on the construction of the rule of law of the enterprise, mainly including the implementation of the duties of the first person in charge of the construction of the rule of law of the enterprise, the construction of the general legal counsel system, the corporate legal affairs agency, and the legal consultant team. Construction status, compliance operation status, and case management status.

Article 6 The scores for the examinations are based on a deduction system and supplementary points system, in which the value to be deducted is 100 points.

Article 7 The evaluation results are set in four levels: excellent (90 points and above), good (75-90 points, including 75 points), average (60-75 points, including 60 points), and poor (60 points) the following).

Article 8 The setting of specific indicators and their scores are stipulated in the "Evaluation Indicator System for the Evaluation of the Construction of the State-owned Enterprises under the Rule of Law" (hereinafter referred to as "the indicator system").

The Municipal State-owned Assets Supervision and Administration Commission shall dynamically adjust the indicator system according to the needs of the work.

Chapter III Organization and Implementation

Article 9 The Municipal State-owned Assets Supervision and Administration Commission conducts an assessment at the beginning of each year on the status of the construction of the rule of law in the previous year.

Article 10 The Municipal State-owned Assets Supervision and Administration Commission shall set up a director as the group leader, the leader in charge of policies and regulations, disciplinary inspection and supervision and performance evaluation as the deputy group leader, and the main person in charge of the relevant office shall be a member of the evaluation work leading group.

The office of the Leading Group for Evaluation is located in the Policy and Regulations Division and is responsible for the specific organization and implementation of the evaluation.

Article 11 The assessment work leading group shall formulate an annual assessment work plan and a division of tasks plan, detailing the target scope, work steps, time schedule and work requirements of the assessment work.

Article 12 The evaluation work shall be carried out in accordance with the following procedures:

(1) The Municipal State-owned Assets Supervision and Administration Commission shall notify the enterprises of the annual assessment work.

(2) In accordance with the relevant requirements of the evaluation work notice, the enterprise shall conduct a self-evaluation against the indicator system, and submit the self-evaluation results and the certification materials on which the self-evaluation is based, together with the annual corporate legal construction work summary, to the Municipal SASAC. Self-assessment deduction items should explain the reasons and propose rectification measures.

(3) The Municipal SASAC conducts a written review of the self-assessment materials submitted by the enterprise and conducts a preliminary scoring.

(4) For the key issues found in the written review, the Municipal SASAC selected some enterprises to conduct random checks. Spot check methods include on-site meetings, listening to corporate work reports, and field visits.

(5) Based on the written review and spot checks, the Municipal SASAC determines the results of the assessment and gives feedback to the enterprise.

Article 13 The Municipal State-owned Assets Supervision and Administration Commission entrusts intermediary agencies or hires relevant experts to participate in the evaluation work as required.

Article 14 An enterprise shall attach great importance to the evaluation work, conduct truth-seeking, objective and fair self-evaluation, and ensure that the certification materials are true, accurate and complete.

Chapter 4 Use of Results

Article 15 The municipal SASAC's use of evaluation results mainly includes:

(1) Incorporating the results of the evaluation into the annual business performance evaluation of the person in charge of the enterprise, and deducting points according to the specific circumstances of the enterprise whose evaluation results are "fair", "poor" or found major problems;

(2) using the evaluation results as an important reference basis for the comprehensive evaluation results of the main responsible person and the responsible person in charge of the enterprise;

(3) using the evaluation results as an important reference basis for the evaluation and evaluation of the rule of law work of the municipal state-owned enterprise;

(4) using the evaluation results as an important reference basis for the municipal state-owned assets system to select major state-owned enterprise reform pilot units such as state-owned capital authorized operating system reform, mixed ownership reform, employee shareholding, and equity incentives;

(5) Report the evaluation results in an appropriate manner.

Article 16 An enterprise's use of evaluation results shall include:

(1) The main person in charge of the enterprise is the first person responsible for advancing the construction of the rule of law of the enterprise, and it shall convene a board of directors or a leadership team to report the evaluation results;

(2) According to the results of the evaluation, the internal management of the enterprise shall be further strengthened, the construction of the legal consultant team of the enterprise shall be strengthened, and the work system of the rule of law in the enterprise shall be established and improved;

(3) If ordered to make rectification within a time limit, a rectification work leading group shall be established, rectification work shall be established, the rectification plan shall be reported within 15 working days from the date of receipt of the rectification notice, the rectification plan shall be implemented within a time limit, and the rectification status shall be reported every 3 months report;

(4) Anyone who finds violations of laws and disciplines shall cooperate with the Municipal State-owned Assets Supervision and Administration Commission, disciplinary inspection department or judicial organs to investigate, correct the violations in a timely manner, and deal with those responsible for violations of laws and disciplines.

Article 17 If the following conditions exist in the evaluation results, the Municipal State-owned Assets Supervision and Administration Commission shall carry out accountability as appropriate:

(1) For violations of laws and disciplines or significant loss of state-owned assets discovered during the evaluation process, strict investigation shall be conducted in accordance with relevant regulations.

(2) For enterprises whose evaluation results are "fair", "poor" or found major problems, conduct interviews with their main responsible persons, sub-responsible persons, and general counsel according to the severity of the circumstances;

(3) In the event of fraud and fraud during the evaluation process, the State-owned Assets Supervision and Administration Commission of the Municipality directly determined the evaluation result as "poor" and reported it for criticism.

(4) ordering major problems and deductions during the evaluation process, ordering the enterprise to make corrections within a time limit, and monitoring and monitoring the enterprise's rectifications;

Chapter V Supplementary Provisions

Article 18 An enterprise shall, with reference to the provisions of these Measures and in accordance with the actual conditions of the enterprise, formulate an evaluation method for the invested enterprise.

Article 19 These Measures shall be interpreted by the Municipal SASAC.

Article 20 These Measures shall be implemented as of the date of promulgation.



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