Measures for the Administration of Cases Involving Legal Disputes with Central Enterprises

Measures for the Administration of Cases Involving Legal Disputes with Central Enterprises
(Issued by Order No. 43 of the State-owned Assets Supervision and Administration Commission of the State Council on June 12, 2023, coming into force on August 1, 2023)

Chapter I General Provisions

Article 1 For the purposes of thoroughly implementing Xi Jinping Thought on the Rule of Law, following the strategy for comprehensive law-based country governance, deepening the construction of central enterprises under the rule of law, strengthening the management of cases involving legal disputes with central enterprises, protecting the lawful rights and interests of enterprises in accordance with the law, and effectively safeguarding the safety of state-owned assets, these Measures are formulated according to the Law of the People's Republic of China on the State-owned Assets of Enterprises, the Interim Regulation on the Supervision and Administration of State-owned Assets of Enterprises, and other laws and regulations, in light of the actual circumstances of central enterprises.

Article 2 These Measures shall apply to the central enterprises in which the State-owned Assets Supervision and Administration Commission of the State Council (SASAC) performs the functions of capital contributors under the authority of the State Council.

Article 3 For the purposes of these Measures, "case involving a legal dispute" means domestic or overseas litigation or arbitration, among others, (case) that occurs in the process of operation and management by a central enterprise or any entity under the central enterprise.

Article 4 A central enterprise shall continue to strengthen case management, specify responsible parties, improve its management system, enhance its working mechanism, actively enforce its rights, and effectively prevent the loss of state-owned assets. A central enterprise shall establish and improve a mechanism for promoting management by cases, discover management problems revealed in cases in a timely manner, address management defects, improve management levels, and effectively support the improvement of quality and efficiency and sound development.

Article 5 The SASAC shall be responsible for guiding central enterprises in case management, establishing and improving legal, supervisory, accountability, and other departmental coordination working mechanisms, strengthening the supervisory inspection of case handling and recordation, among others, and strengthening the guidance on, coordination, and handling under supervision of major cases.

Chapter II Organizational Duties

Article 6 The main person in charge of a central enterprise shall effectively perform the duties of the primary person responsible for the construction of the rule of law, strengthen the direction of case management, listen to reports regularly, and strengthen institutional, personnel, funding, and other support.

Article 7 The general legal adviser of a central enterprise shall take the lead in case management, study and solve key and difficult problems, direct the legal affairs management department to improve the working mechanism, and guide the entities under the central enterprise in strengthening case management.

Article 8 The legal affairs management department of a central enterprise shall be responsible for drafting a case management system, organizing response to cases, proposing improvements for the management problems revealed in the case, selecting, retaining, and managing legal service intermediaries, and promoting the informatization of case management.

Article 9 The business and functional departments of a central enterprise shall exchange the circumstances that may lead to cases with the legal affairs management department in a timely manner, cooperate in evidence collection, case analysis, legal justification, execution in cases, and other work, improve relevant systems based on the management problems revealed in cases, enhance the working mechanism, and promote management by cases.

Article 10 A central enterprise shall establish a case management talent selection and training mechanism, encourage legal personnel to participate in or directly represent the central enterprise in cases, and continuously improve the level of case management.

Chapter III ......