The State-owned Assets Supervision and Administration Commission issued new regulations to deepen the rule of law in the construction of state-owned enterprises.

In order to further promote the construction of the rule of law in central enterprises and improve the ability to govern enterprises according to law, on November 1, the State-owned Assets Supervision and Administration Commission of the State Council issued the “Opinions on Further Deepening the Construction of State-owned Enterprises under the Rule of Law” (hereinafter referred to as the “Opinions”), proposing to comprehensively improve the ability to govern enterprises according to law , Emphasizing efforts to improve digital management capabilities, using new generation information technologies such as blockchain, big data, cloud computing, and artificial intelligence to promote the upgrade of legal management from informatization to digitalization, exploring intelligent application scenarios, and effectively improving management efficiency.

In an interview with the media, the head of the relevant departments and bureaus of the State-owned Assets Supervision and Administration Commission of the State Council said that first-class enterprises must not only have “hard power” such as first-class technology and first-class products, but also have “soft power” such as first-class legal work as a support and guarantee. The State-owned Assets Supervision and Administration Commission of the State Council is carrying out special research on world-class rule of law work standards, and will guide central enterprises to continue to deepen benchmarking, accelerate the completion of shortcomings, and promote the rule of law work of some enterprises to take the lead in reaching the world-class level.

“From the perspective of building a world-class enterprise, to promote the rule of law of central enterprises to achieve world-class levels, in addition to first-class legal concepts, governance mechanisms, management systems, business capabilities, and value creation, it also requires first-class management methods as the starting point for construction. It is undoubtedly a very efficient management method at the moment.” Liu Xingguo, a researcher of the China Enterprise Confederation Research Department, said in an interview with a reporter from the Securities Daily that companies can only continue to improve their digital management capabilities by continuously deepening the organic combination of digital technology and management. Only by using big data analysis to discover problems, reveal risks, and predict trends can we better promote our own development and further promote the construction of world-class enterprises.

Specifically, the “Opinions” put forward in terms of comprehensively improving the ability to govern enterprises in accordance with the law:

The first is to focus on improving the ability to lead and support, promote corporate legal personnel to follow the three-year action of state-owned enterprise reform, the key tasks of the central enterprise’s “14th Five-Year” development plan, and participate in major projects such as mixed ownership reform, investment and mergers and acquisitions, and strengthen legal review and control. Control legal compliance risks.

The second is to focus on improving risk management and control capabilities. While adhering to 100% of the legal review of rules and regulations, economic contracts, and important decisions, we will continue to improve the quality of review, conduct regular risk investigation and disposal, and carry out early warnings for common risks to effectively prevent and resolve common risks.

The third is to focus on improving foreign-related security capabilities, improve foreign-related legal compliance risk prevention mechanisms, promote the establishment of special institutions in key overseas enterprises, regions or projects, allocate full-time legal personnel, and improve the system for full-time participation of legal personnel in major foreign-related projects and important businesses.

The fourth is to focus on improving the ability of active rights protection, increase the intensity of handling legal disputes, deepen the special work of “suppressing inventory, increasing quality, and creating efficiency” in case management, and comprehensively use a variety of means to properly resolve it.

The fifth is to focus on improving digital management capabilities, using new generation information technologies such as blockchain, big data, cloud computing, and artificial intelligence to deepen the informatization and digitalization of key areas such as contract management, case management, and compliance management, and promote legal management from Informationization is upgrading to digitalization.

In fact, in terms of advancing the construction of state-owned enterprises under the rule of law, as early as 2015, the State-owned Assets Supervision and Administration Commission of the State Council issued the “Opinions on Comprehensively Promoting the Construction of State-owned Enterprises under the Rule of Law”, proposing that by 2020, we will build a sound governance, operational compliance, management norms, and law-abiding integrity. The goal of the rule of law for central enterprises. In addition, the State-owned Assets Supervision and Administration Commission of the State-owned Assets Supervision and Administration Commission of the State-owned Assets Supervision and Administration Commission of the State-owned Assets Supervision and Administration Commission of the State-owned Assets Supervision and Administration Commission for the implementation of the main responsibility of the rule of law construction of the first responsible person regulations, further strengthen the rule of law construction as the “top leader” project.

Based on the data previously disclosed by the State-owned Assets Supervision and Administration Commission, as of May 13 this year, 88 state-owned enterprise groups have clearly promoted the rule of law special committee on the board of directors, and 90 have included the requirements of governing enterprises according to law into the assessment and evaluation system. Over the past five years, central SOEs have handled nearly 20,000 major legal disputes, avoiding or recovering economic losses of more than 330 billion yuan.

According to Weng Jieming, deputy director of the State-owned Assets Supervision and Administration Commission of the State Council, after five years of continuous efforts, the establishment of the rule of law in central enterprises has achieved remarkable results. One is the preliminary establishment of a top-down working mechanism that emphasizes the rule of law and prevents risks. Second, a relatively complete risk prevention and control system has basically been formed. The third is to gradually build a professional team that can compete with the legal staff of large international companies on the same stage. For example, as of mid-May this year, the central enterprise group level has established a general legal advisory system. The proportion of important subsidiaries has exceeded 90%. The legal staff has reached 32,000, an increase of 60% over 2015, and the professionalization rate has exceeded 80%. The fourth is to actively cultivate a corporate culture that operates and manages in compliance with laws and regulations.

The aforementioned person in charge stated that the State-owned Assets Supervision and Administration Commission of the State Council will intensify its efforts to promote the central enterprises to earnestly implement the requirements of the “Opinions”, give full play to the role of the rule of law building leadership agency, and incorporate the rule of law work into the central enterprises’ fourteenth five-year development plan and the overall planning of the annual plan. Plan and advance simultaneously. Guide enterprises to formulate the implementation plan for the construction of the rule of law during the 14th Five-Year Plan period, and incorporate the effectiveness of the construction of the rule of law into the assessment system for subsidiaries.

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