Prohibitive provisions on the behavior of public officials in running enterprises through business

1, Civil Service Law of People's Republic of China (PRC) (Decree No.35 of the President of the People's Republic of China in 2005, implemented on June 1 2006)

Fifty-third civil servants must abide by discipline and shall not commit any of the following acts:

(14) engaging in or participating in profit-making activities and taking part-time jobs in enterprises or other profit-making organizations.

2. Some Guidelines for Leading Cadres in China and party member (reviewed and adopted by the Political Bureau of the Communist Party of China (CPC) Central Committee on February 29th, 2009, and implemented on October 8th, 20 10/KLOC-0).

Article 2 It is forbidden to engage in profit-making activities without permission. The following behaviors are not allowed:

(1) Doing business by individuals or in the name of others;

(2) Issuing stocks or securities of unlisted companies (enterprises) in violation of regulations;

(3) buying and selling stocks or investing in other securities in violation of regulations;

(four) individuals registered companies or invested in shares outside the country (territory);

(five) in violation of the provisions of the economic entities, social organizations and other units of part-time or part-time remuneration, and engaged in paid intermediary activities;

(6) Accepting the employment of private enterprises, foreign-invested enterprises or intermediaries within the jurisdiction area and business scope of the original post within three years after leaving the post or retiring, or engaging in profit-making activities related to the business under the jurisdiction of the original post.

Fifteenth this standard applies to the party organs, people's congresses, administrative organs, CPPCC organs, judicial organs and procuratorial organs in party member leading cadres at or above the county (department) level; People's organizations and institutions are equivalent to leading cadres in party member at or above the county (department) level.

Party member, member of state-owned and state-controlled enterprises (including state-owned and state-controlled financial enterprises) and their branches; County (city, district, banner) directly under the authority, judicial organ, procuratorial organ party member, township (street) party member, grassroots station party member, responsible person, with reference to the implementation of this specification.

3. Measures for the implementation of "Several Guidelines for Leading Cadres in China * * * party member" (Zhong [201]19, 20 1 1 year March 22)

Article 10 The term "doing business or running an enterprise by an individual or in the name of another person" as mentioned in Item 1 of Article 2 of the Code of Good Faith refers to sole proprietorship, joint venture or partnership with another person to do business or run other enterprises, running an enterprise in the form of shares in the name of an individual or another person, and engaging in commercial and other business activities privately by means of contracting, leasing or employment.

If an individual or an enterprise is established in the name of another person, it shall be handled in accordance with the provisions of Article 77 of the Regulations on Disciplinary Actions.

Article 13 The term "an individual registering a company outside the country (territory)" as mentioned in Item (4) of Article 2 of the code of good faith refers to the behavior of an individual or a partner to conduct business or other enterprises outside the country (territory) and engage in business and other business activities. "Individuals investing in shares outside the country (territory)" refers to the act of handling enterprises, engaging in business operations and other business activities outside the country (territory) in the form of individual shares.

Individuals who register companies or invest in shares outside the country (territory) shall be dealt with in accordance with the provisions of Article 77 of the Regulations on Disciplinary Actions.

Article 14 The term "economic entity" as mentioned in Item 5 of Article 2 of the Good Faith Standard refers to various enterprises (companies), individual economic organizations, profit-making institutions and private non-enterprise units. "Paid intermediary activities" refers to the activities of providing information, introducing business and consulting for various market entities to collect money.

The "violation of regulations" as mentioned in Item 5 of Article 2 of the Code of Integrity refers to the violation of the Notice of the General Office of the State Council City, the General Office of the Central Committee of the CPC on Leading Cadres of Party and Government Organs Not Holding Leading Positions in Social Organizations (1998). The Commission for Discipline Inspection of the CPC Central Committee and the Organization Department of the CPC Central Committee "Opinions on Issues Related to Part-time Work and Employment of Party and Government Leading Cadres who have retired from their current posts, are close to or have reached retirement age" (Zhong Zhengfa [2008]11No.) and other regulations on party member leading cadres taking part-time jobs or engaging in paid intermediary activities.

Those who work part-time or part-time in economic entities, social organizations and other units in violation of regulations shall be dealt with in accordance with the provisions of Article 77 of the Regulations on Disciplinary Actions. Part-time leading cadres should resign from their own or part-time positions. The remuneration received (including various economic benefits) shall be confiscated.

Those who engage in paid intermediary activities shall be dealt with in accordance with the provisions of Article 77 of the Regulations on Disciplinary Actions against Party Discipline and Political Discipline. The remuneration received (including various economic benefits) shall be confiscated.

Article 15 "Resignation" as mentioned in Item 6 of Article 2 of the Code of Integrity refers to leaving public office by means other than retirement, including resignation, dismissal and dismissal. "Original post" refers to the last post (part-time post) before leaving or retiring.

Within three years after leaving the post or retiring, accepting the employment of private enterprises, foreign-invested enterprises and intermediaries within the jurisdiction area and business scope of the original post, or engaging in profit-making activities related to the business under the jurisdiction of the original post, it shall be handled in accordance with the provisions of Article 82 of the Regulations on Disciplinary Actions within the Party.

4. Decision of the Central Committee of the Communist Party of China and the State Council on Prohibiting Party and government organs and cadres from running enterprises through business (No.27 [1984], 1984, effective as of February 3).

2. On-the-job cadres (including retired cadres) of the party and government organs at or above the township level are not allowed to do business and run enterprises in the form of sole proprietorship or partnership, part-time remuneration and share dividends; They are also not allowed to use their power to seek benefits for enterprises run by their families and relatives.

5. Provisions of the State Council City, the Central Committee of the Communist Party of China on Further Stopping Party and Government Organs and Party and Government Cadres from Running Enterprises through Business (Zhong Fa [1986] No.61986, implemented on February 4)

1. Party and government organs, including party committees at all levels, state power organs, administrative organs, judicial organs, procuratorial organs and institutions affiliated to these organs, are not allowed to do business or run enterprises. Enterprises that are still operating in violation of regulations, including those that should be decoupled from the competent authorities, or those that are clearly decoupled from them, must be closed immediately or completely decoupled from the competent authorities, regardless of the original approval level.

2. All cadres and workers of the above-mentioned organs, including those who have retired to the second line, are not allowed to hold positions in various enterprises unless specially approved by the Central Secretariat and the State Council. Those who have held positions in the enterprise must resign immediately; Otherwise, you must resign from the party and government organs.

On-the-job cadres and workers are not allowed to leave their jobs without pay and run enterprises through business. Leave without pay, or resign from the enterprise and return to the original unit for reinstatement, or resign from the office.

Three, the retired cadres of the above organs, except for the approval of the Central Secretariat and the State Council, are not employed in state-owned enterprises. If you want to work in a non-state-owned enterprise, you must retire for two years and you can't work in an enterprise in the industry under the jurisdiction of the original office. Retired cadres will no longer enjoy the retirement benefits stipulated by the state after taking up their posts in enterprises.

Four, who participate in illegal business activities or provide convenience for the cadres and workers, should be given disciplinary sanctions, including leading cadres should be severely dealt with. Those who violate the criminal law should be punished according to law.

Seven, the administrative department for Industry and commerce to apply for the establishment of enterprises, must be strictly in accordance with the relevant provisions of the state for examination and approval, adhere to the principle, act according to law, dereliction of duty to be held accountable. Leading cadres at all levels shall not interfere with the administrative departments for industry and commerce in exercising their functions and powers according to law.

Eight, these Provisions apply to trade unions, the Communist Youth League, women's federations, Federation of Literary and Art Circles, Association for Science and Technology and various associations, societies and other mass organizations, as well as cadres and workers of these organizations. If these organizations need to set up non-commercial enterprises under special circumstances, they must report to the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for approval.