Author Archives: florasapio

Strengthening Party Groups in Enterprises Abroad, and Providing a Solid Guarantee for the Development of the “Going Out Policy”

What follows is a 5,600-characters article on Party Committees in Chinese multinational corporations. The article was authored by the Party Committee of the China Fisheries  Corporation some time ago, and it discusses the role and responsibilities of the Corporation’s Party Group.

The article was published by an official source of the People’s Republic of China, and it is presented here in its original version.

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Regulations of the Central Commission for Discipline Inspection and the Ministry of Supervision on the Protection of Persons Making Reports and Accusations

Unofficial Translation

Regulations of the Central Commission for Discipline Inspection and the Ministry of Supervision on the Protection of Persons Making Reports and Accusations

(19 January 1996)

Article 1. The Present Regulations are enacted according to the “Provisions on Protecting the Rights and Interests of Members of the Communist Party of China”, and laws and regulations on administrative supervision in order to protect the right to make reports and accusations according to the law, to safeguard the lawful rights and interests of persons who make reports and accusations, promote the construction of a clean work-style within the Party, and the struggle against corruption.

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Chinese Constitutionalism, Social Credit, and Party Groups in the 2008 SASAC Guidelines on Corporate Social Responsibility

During the 2017 Forum on Business and Human Rights, I noticed how most informal discussions of CSR (the term preferred in China to refer to business and human rights) in the PRC introduced a separation between corporate social responsibility, and Chinese constitutionalism. CSR (or business and human rights) was framed as existing autonomous from the political leadership of the Chinese Communist Party, and was for the most part discussed in relation to Chinese state legislation. Perceptions of CSR as distinct from CCP leadership and CCP regulation are, in a sense, misleading.

The Corporate Law and the Labor Contract Law have indeed incorporated the concept of CSR. The most important directive this far issued, however, is the 2008 SASAC Guidelines to the State-Owned Enterprises Directly Under the Central Government on Fulfilling Corporate Social Responsibilities. This document alone has led to the release of 1,600 sustainability reports, also  by state-owned MNCs.

The 2008 SASAC Guidelines make several references to the Constitution of the CCP. A close textual analysis of the 20 paragraphs of the Guidelines reveals how:

  • CSR is placed within the scope of Chinese constitutionalism, under the political leadership of the Party, and the operational responsibility of enterprises.
  • 50% of the paragraphs in the SASAC Guidelines refer the Constitution of the CCP (23 references), components of the social credit system (3 references), or Party groups (one paragraph).

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Directory of Chinese State-Owned Multinational Corporations

 

Directory of Chinese State-Owned MNCs

The following directory lists 131 Chinese State-Owned Multinational Corporations managed by SASAC. It is annotated with information about mergers, and updated to  December 2017. All links to MNCs websites have been checked and updated.

Not all the MNCs included in the list below have an English version of their webpage. Information provided on the English version of an enterprise’s webpage may not necessarily correspond to information available on the Chinese language version of the webpage.

  1. Air China  – 中国航空集团公司
  2. Aluminium Corporation of China  – 中国铝业公司
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China Extends Enterprise Rating Systems to Transnational Economic Cooperation

Less than a month after the 19th Congress of the CCP, China has decided to extend monitoring and rating mechanisms to all legal entities involved in transnational economic cooperation. The announcement came through a document enacted by 28 Party organs, State ministries, and commissions, and available in our database.

Entitled ‘Guiding Opinions on Strengthening the Construction of a Credit System in the Field of Economic Cooperation’, the document has the goals to improve enterprise responsibility systems, regulate participation to transnational economic cooperation, and promote competition.

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State Administration of Work Safety Notice on Further Strengthening Production Safety in Central Enterprises

国家安全监管总局  国务院国资委

关于进一步加强中央企业安全生产工作的通知

安监总政法〔2017〕131号

各省、自治区、直辖市及新疆生产建设兵团安全生产监督管理局、国资委,各省级煤矿安全监察局,各中央企业:

为全面学习贯彻习近平新时代中国特色社会主义思想,认真落实《中共中央 国务院关于推进安全生产领域改革发展的意见》《中共中央 国务院关于深化国有企业改革的指导意见》精神,进一步加强中央企业安全生产工作,确保在深化国企国资改革进程中,中央企业安全生产工作不放松,切实保护人民群众的生命和财产安全,现就有关事项通知如下:

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Social Credit, Big Data and the Interplay Between the Party and the State Constitution

The weight and importance China’s new leadership will afford to the Party Constitution and State Constitution will set the broader policy background against which big data governance and social credit will evolve.

Signals of a fast evolution of social credit have been visible for some time. Xi Jinping’s Work Report mentioned several of the elements which, together, constitute social credit. Regulatory development in this area has been extraordinarily fast, too.

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Opinions on Further Regulating the Fees of Industry Associations and Chambers of Commerce

《关于进一步规范行业协会商会收费管理的意见》

  发改经体〔20171999

  各省、自治区、直辖市人民政府,中央和国家机关各部委,各人民团体:

  行业协会商会是我国经济建设和社会发展的重要力量,多年来,在加强行业自律、提供决策咨询、服务企业发展、创新社会治理等方面发挥了积极作用。但在发展过程中,一些行业协会商会违规收费,重复、偏高和过度收费等问题仍不同程度存在。为改善营商环境,切实减轻企业负担,促进行业协会商会健康发展,经国务院同意,现就进一步规范行业协会商会收费管理提出以下意见。

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Party Building as the Guide to Social Responsibility in Non-Public Enterprises

This post presents a translation of an article discussing the role of Party groups in CSR in private enterprises, published on the People’s Daily. The article was translated by Larry Catà Backer, and edited by me.

Party Building as the Guide to Social Responsibility in Non-Public Enterprises

Dang Qimin

November 06, 2017 16:27

People’s Daily

In 40 years of reform and opening up, non-public enterprises have become an important force to promote national economic development, ease the pressure on employment, and promote public innovation. The number, role and status of non-public enterprises determine the extreme necessity and importance of strengthening Party building in this area, and giving full play to the role of political core and political leadership of Party organizations. To make this work a reality, we do not only need to face the actual problems in our current work. We also need to find a breakthrough and a starting point for our work.

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China’s Revised Unfair Competition Law Mandates Disclosure of Individual and Corporate Unfair Competitive Practices

On November 4, the 30th Plenary Session of the 12th National People’s Congress amended the Law of the People’s Republic of China Against Unfair Competition. The amended version of the law will go into effect on January 1, 2018.

The new law will apply to all business operators, defined by article 2 paragraph 3 as “natural persons, legal persons and unincorporated organizations engaged in the production, or in the marketing of commodities, or in the provision of services (the commodities mentioned below include services)”.

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