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NOTICE OF THE GENERAL OFFICE OF THE CENTRAL COMMITTEE OF THE COMMUNIST PARTY OF CHINA AND THE GENERAL OFFICE OF THE STATE COUNCIL REGARDING FACTORY AFFAIRS DISCLOSURE OF IN STATE-OWNED ENTERPRISES, COLLECTIVELY-OWNED ENTERPRISES AND THEIR HOLDING ENTERPRISES |
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(No. 13 of [2002] of the General Office of the Central Committee of the Communist Party of China, General Office of the State Council promulgated on June 3, 2002) |
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SUBJECT : STATE-OWNED; DISCLOSURE; FACTORY AFFAIRS |
ISSUING DEPARTMENT : THE GENERAL OFFICE OF THE CENTRAL COMMITTEE OF THE COMMUNIST PARTY OF CHINA, GENERAL OFFICE OF THE STATE COUNCIL |
ISSUE DATE : 06/03/2002 |
IMPLEMENT DATE : 06/03/2002 |
LENGTH : 2,561 words |
TEXT : |
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Since the 15th National Congress of the Communist Party of China (CPC), the publicity of factory affairs has been actively practiced in many places and enterprises, and obvious effects and successful experiences have been obtained. In order to better enlarge the democracy at the basic level, ensure the public to directly exercise their democratic rights, practice Comrade Jiang Zemin's important ideology of "Three Represents", fulfill the guideline of relying on the working class whole-heartedly, consolidate, deepen and regulate the publicity of factory affairs, promote the reform, development and stability of enterprises, upon approval by the leaders in the CCCPC and the State Council, we hereby give our notice as follows with regard to the relevant issues concerning the in-depth application of the system of publicizing factory affairs in state-owned enterprises, collectively-owned enterprises and their holding enterprises:
I. The Significance, Principles and General Requirements for the publicity of factory affairs
It is an important characteristic and advantage of the enterprise management in China for employees to participate in the democratic decisions, management and supervision in enterprises in accordance with the relevant laws and provisions. Since the 15th National Congress of the CPC, especially its Fourth Plenary Session, a group of enterprises have, through applying the publicity of factory affairs, strengthened their management and reform, improved the system of employees' congress, promoted the construction of democratic politics at the basic level, and enhanced their economic benefits. It is proved by the practice that, the application of the publicity of factory affairs is a specific embodiment of the realization of the important ideology of "Three Represents", and an effective avenue to further fulfill the Party's guideline of relying on the working class whole-heartedly; it is an inherent requirement for strengthening the enterprise management, establishing a modern enterprise system, and operating the enterprise well by relying on employees; it is a powerful means to carry out the supervision by the masses well, to improve the Party's work style, to build clean administration, and to strengthen the construction of Party organizations in enterprises and the building of leading bodies. The application of the publicity of factory affairs is of great significance for constructing the democratic politics at the basic level, for guaranteeing the employees' democratic rights to be maters; for maintaining the lawful rights and interests of the employees, for building a stable and harmonious labor relationship in enterprises; for establishing closer ties between the Party and the employees in enterprises, and consolidating the Party's class base and its status of exercising the power; for protecting and stimulating the employees' initiative as masters, strengthening their sense of responsibility, and for promoting the reform, development and stability of enterprises.
The guiding principles for applying the publicity of factory affairs are as follows:
---- We must adhere to Deng Xiaoping Theory, comply with the requirements of the "Three Represents", carefully carry out the spirit of the 15th National Congress of the CPC and its Fourth, Fifth and Sixth Plenary Sessions, and unswervingly ensure the execution of the Party's guideline of relying on the working class whole-heartedly.
---- We must abide by the state laws, regulations and the Party's guidelines and policies, seek truth from facts, stress the substantial results, and benefit the stabilization of the reform and development and protection of commercial secrets.
---- We must uphold the Party committee's unified leadership, the joint responsibility of the Party committee and the administrative as well as the joint administration by the relevant sectors, and must mobilize the employees and encourage them to participate widely.
---- We must combine the application of the publicity of factory affairs with the Party building in enterprises, the building of leading bodies and that of the contingent of employees and with the construction of modern enterprise system.
The general requirements for applying the publicity of factory affairs are as follows:
1. All state-owned enterprises, collectively owned enterprises and their holding enterprises shall apply the publicity of factory affairs. The entities that have not applied presently shall apply it as soon as possible; while those that have applied it shall further deepen it, and gradually regularize and systemize its contents, procedures and forms. The enterprises having difficulty in production and operation shall even more apply the publicity of factory affairs, so as to mobilize and rely on the employees to run the enterprises well together with the operators.
2. The enterprises concerned shall, in the publicity of factory affairs, earnestly do well in the ideological work for the enterprise leaders and the employees. The enterprise leaders shall enhance their awareness, consciously put the publicity of factory affairs on an important position in the work, and include it in the system and mechanism of modern enterprise management. They shall encourage the employees to actively participate in the activities of publicity of factory affairs, support and supervise the enterprise operators to exercise their powers in accordance with the law and to carefully exercise their democratic rights as masters. They shall strengthen the trainings on the representatives of employees, continuously improve their awareness and abilities to participate in democratic decisions, democratic management and democratic supervision.
3. The enterprises must, in the publicity of factory affairs, firmly prevent and overcome formalism, ensure public authenticity, and seek for substantial effects in the work. They shall earnestly ensure that before important decisions are made in an enterprise, the opinions of the employees must be heard through publicity of factory affairs, and the decision must be submitted to the employees' congress for examination, otherwise no such a decision shall be implemented; the important matters involving the employees' immediate benefits shall even more be open to the employees, and the employees' congress shall, in accordance with the laws and regulations, have the rights to decision and to veto. A decision that has neither been opened to nor adopted by the employees' congress shall be regarded as invalid. If any enterprise leader is not upheld by most of the employees in state-owned enterprises and their holding enterprises in the democratic appraisals and evaluations by the employees' congress, the administrative department at a higher level shall take corresponding organizational measures; any enterprise leader who violates the resolutions of the employees' congress or the relevant provisions on the publicity of factory affairs, thus results in sharp conflicts and impacts the stableness of the enterprise and the society, shall be investigated for liabilities.
II. Main Contents of the Publicity of Factory Affairs
1. The issues on important enterprise decisions. They shall mainly include important matters such as the medium-term and long-term development plans of enterprises, the proposals on important decisions on investment, production and operation, the proposals on enterprise reform and restructuring, proposals on merger and bankruptcy, the proposals on important technical rebuilding, and the proposals on reducing, diverting and settling employees.
2. The important issues on enterprise production, operation and management. They shall mainly include the annual targets of production and operation and the completion thereof, the financial budgets and final accounts, the enterprise guaranties, the use of large amount of funds, the bidding and invitation for bidding of construction projects, the procurement and supply of large batches of goods, the sale of products and profit making situation, the implementation of agreements on contracted or leased operation, the information on ensuring the application of the system of internal economic responsibility of enterprise, and the formulation of important rules and systems.
3. The issues involving immediate benefits of the employees. They shall mainly include the abidance of labor laws and regulations, the conclusion and implementation of collective contracts and labor contracts, the promotion of employees and increase of salaries, the distribution of wages and bonuses, the awards and punishments, the welfares, the payment of the employees' social security funds in respect of pension, medical care, industrial injury, unemployment, birth, etc., the recruitment of employees, the assessment of professional and technical titles, the conditions, numbers and results for appraising excellent and advanced employees, the policies for employees to buy and sell houses, the management of housing accumulation funds, proposals on using enterprise accumulation funds and welfare funds, the measures for safe production and labor protection, and the plans on training employees.
4. The issues closely related to the building of enterprise leading bodies, the improvement of the Party's work style and the building of clean administration. They shall mainly include the democratic appraising of the enterprise leaders, the employment and appointment of middle-level enterprise leaders and employees on important positions, the execution of the provisions requiring cadres to be clean, honest and self-disciplined, the use of entertainment allowance and expenses for enterprise business, the wages (annual salaries) bonuses, part-time jobs, subsidies and houses of enterprise leaders, and the use of vehicles and communication instruments by them, as well as their expenditures for going abroad.
The focus of the publicity of factory affairs shall accord with the actual circumstances of the enterprises. The relevant policies and internal provisions of entities, as well as the specific contents, standards, undertaking departments shall be publicized; both the consequences and the procedures for handing affairs shall be publicized; the opinions and advice of the employees and settlement of such opinions and advice shall be publicized, so that the publicity of factory affairs may always be applied under the wide participation and supervision of the employees. The publicity of factory affairs shall be in close combination with the actual situation on enterprise reform and development and shall be timely and intensively implemented in the enterprise production, operation and management, so as to urge the enterprises to continuously improve their management system, the system of improving the Party's work style and the building of clean administration and the system of democratic management by employees.
III. Forms for Realizing the Publicity of Factory Affairs
The main carrier of the publicity of factory affairs is the employees' congress. All the powers of the employees¡¯ congress must be ascertained in accordance with the relevant provisions. The system of democratic appraisal by the employees' congress of enterprise leaders shall be further improved through applying the publicity of factory affairs. The drafts of collective contracts shall be submitted to the employees' congress for discussion and adoption. The important enterprise matters such as the use of entertainment allowance and expenses for enterprise business, whether the enterprise leaders are clean, honest and self-disciplined, and the implementation of collective contracts, shall be reported to the employees' congress. The employee directors and employee supervisors shall be elected by the employees' congress in state-owned and their holding enterprises of company system. We shall continuously enrich the contents of the employees' congress, improve the quality and substantial effects of the employees' congress, ensure employees' rights to information, to examination, to adoption, to decision, to appraisal and to supervision, and establish a democratic management system meeting the requirements of the modern enterprise system.
When the employees' congress does not hold a session, we shall give play to the functions of the joint meeting of employees' delegation (group) chiefs. The internal affairs of workshops and groups shall also be publicized. The workshops and groups shall formulate the measures for publicizing the internal affairs in accordance with the provisions on the publicity of factory affairs.
The daily forms of the publicity of factory affairs shall also include: columns for publicizing factory affairs, meetings for releasing information of the factory, joint meetings of the Party committee, the administrative and the work union, the enterprises' internal information network, broadcasting, television, factory newspaper, wall bulletins, etc.. Such forms may be innovated according to the actual circumstances. Meanwhile, the enterprises shall pay attention to the feedbacks from the employees through opinion boxes, reception days, colloquia of employees, hot lines for reporting offences, etc. after publicizing the factory affairs, so as to improve the quality of their work.
IV. Organization and Leadership of the Publicity of Factory Affairs
The Party committees, governments, relevant departments and work unions at all levels shall be fully aware of the significance of the application of the publicity of factory affairs, and earnestly put this work on important agenda. They shall clarify the objects and responsibilities, and be well-organized and well-planned to urge step by step the publicity of factory affairs to develop deeply and healthily. The discipline inspection organs and procuratorial organs at all levels shall strengthen the supervision and inspection on the application of the publicity of factory affairs, and shall seriously investigate and punish the acts in violation of laws or disciplines which are disclosed from the publicity of factory affairs. The organizational departments of the Party committees at all levels shall regard the application of the publicity of factory affairs as an important content of Party building in enterprises, and set up the implementation thereof as an important basis for appraising enterprise leading bodies and leaders, and connect such implementation with the rewards and punishment, appointments and dismissal of the leaders of the enterprises. The economic and trade commissions at all levels shall combine the application of the publicity of factory affairs with the strengthening of enterprise management and the establishment of the modern enterprise system, and earnestly improve the publicity. The local work unions at all levels shall actively undertake the daily work of applying the publicity of factory affairs, and by depending on it, promote the democratic management of enterprises and the unions' work.
The enterprises shall be led by the enterprise Party committees to apply the publicity of factory affairs. The administration of enterprises is the main body of the application of the publicity of factory affairs. An enterprise shall establish a leading team for publicity of factory affairs composed of the responsible persons from the Party committee, the administrative, the discipline inspection commission and the work union, which shall be responsible for formulating the opinions for the implementation of the publicity of factory affairs, examining and deciding important publicized matters, directing and coordinating the relevant departments to study and resolve the problems in implementation, doing well in supervision, direction and appraisal, and establishing a system of responsibility and that for investigating liabilities. The work union in an enterprise is the executing office of the leading team for the publicity of factory affairs, and shall be responsible for the daily work.
An enterprise shall establish a supervision team composed of persons from the discipline inspection commission and the work union as well as representatives of employees, which shall be responsible for supervising and inspecting whether the contents of the publicity of factory affairs are true and complete, whether the publicity is in time, whether the procedures are in accordance with the provisions, and whether the opinions from employees are settled, and shall organize the employees to appraise and supervise the publicity of factory affairs. The supervision team shall formulate the measures for supervising and inspecting the publicity of factory affairs, and form a mechanism of restriction and stimulation.
An enterprise other than state-owned enterprises, collectively owned enterprises and their holding enterprises may, in accordance with the law, apply the publicity of factory affairs by taking a form suitable for itself, so as to promote the democratic management.
This Notice shall in principle apply to the public institutions in respect of education, science and technology, culture, health, physical culture and sports.
All regions and entities shall, according to the requirements of this Notice and in combination with their respective actual circumstances, formulate specific opinions and measures on the implementation of this Notice.
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