Information Disclosure
Disclosure provisions
Guiding Opinions on Promoting Information Disclosure of Central Enterprises (Guo Zi Fa [2016] No. 315)

All central enterprises:

In order to implement the "Guiding Opinions of the Central Committee of the Communist Party of China and the State Council on Deepening the Reform of State-owned Enterprises" (Zhongfa 〔2015

] No. 22 ), improve the corporate governance system, take the initiative to accept social supervision, now on the promotion of central enterprise information disclosure put forward the following opinions.

1. General Requirements

(1) guiding ideology.

Fully implement the 18th National Congress of the Communist Party of China and the 3rd, 4th, 5th, and 6th Plenary Sessions of the 18th Central Committee, the spirit of the National State-owned Enterprise Party Building Work Conference, thoroughly study and implement the spirit of General Secretary Xi Jinping's series of important speeches, and closely focus on overall planning and advancement

" five in one" overall layout and coordinated promotion" four comprehensive" strategic layout, firmly establish a new development concept, implement the overall plan for the reform of state-owned enterprises, with the goal of promoting the operation of central enterprises in accordance with the law and improving the level of corporate governance, focusing on the establishment and improvement of the information disclosure system and mechanism of central enterprises, actively and steadily promote the information disclosure of central enterprises, and strive to build a central enterprise under the rule of law and a sunny central enterprise that meets the needs of marketization, modernization and internationalization.

(2) basic principles.

Adhere to compliance with laws and regulations. Strictly abide by laws, regulations and relevant provisions, establish and improve the information disclosure system of central enterprises, and promote the institutionalization and standardization of information disclosure work of central enterprises. According to different types of enterprises, the contents, methods, scope and procedures of information disclosure shall be determined in accordance with the law, and the security of state secrets and trade secrets shall be strictly protected.

The content is true and accurate. Ensure that the information disclosed by central enterprises is true, accurate, and timely, and that there are no false records, misleading statements, or major omissions.

Actively and steadily advance. Based on responding to the concerns of regulatory agencies and the public, we should actively explore effective ways of information disclosure of central enterprises, adhere to pilot projects, sum up experience, and make steady progress, so as to ensure practical results.

Strict implementation of responsibility. According" who formed who open, who open who is responsible" the establishment of a central enterprise information disclosure responsibility system. As the main body responsible for the information disclosure of the enterprise, the central enterprise is responsible for organizing and carrying out the information disclosure work of the enterprise and its affiliated enterprises. The State-owned Assets Supervision and Administration Commission of the State Council is responsible for guiding and urging the information disclosure work of central enterprises.

(3) work objectives.

To2020

In 2010, the central enterprise information disclosure system and working system mechanism were basically sound, the information disclosure workflow was standardized and orderly, the level of institutionalization, standardization, and informatization was significantly improved, and the awareness of consciously accepting social supervision was generally enhanced. The public's right to know and supervise the preservation and appreciation of state-owned capital of central enterprises was guaranteed.

2. main tasks

(1) comprehensive combing enterprise information disclosure requirements. In accordance with the Company Law, Securities Law, Enterprise State-owned Assets Law, Interim Regulations on Enterprise Information Disclosure and other laws and regulations and state-owned enterprise reform documents, combined with the nature of the enterprise and the characteristics of the industry, comprehensively sort out the requirements for information disclosure of different enterprises. Listed companies affiliated to central enterprises shall disclose their information in accordance with the relevant regulations on information disclosure of listed companies; non-listed enterprises shall disclose their information on enterprises that provide social public services and involve the vital interests of the public, as well as enterprise information that should be disclosed as clearly stipulated by laws and regulations.

The (V) shall determine the content of the information to be made public on its own initiative in accordance with the law. The contents of information disclosure of central enterprises shall include: basic enterprise information such as industrial and commercial registration; corporate governance and management structure, important personnel changes, salary level of enterprise leaders; main financial status and operating results of enterprises, maintenance and appreciation of state-owned capital; results of major restructuring and reorganization of enterprises; transfer of enterprise property rights and capital increase through property rights market; the rectification of supervision and inspection problems, the development of major emergencies and emergency response required by relevant departments to be disclosed in accordance with the law; the performance of corporate social responsibilities; other information that should be actively disclosed in accordance with laws and regulations.

(2) strictly regulate the information disclosure work procedures. Establish and improve the work system and process of information disclosure of central enterprises, clarify the work responsibilities and work procedures of relevant departments such as the formation, review and approval of information disclosed by enterprises to the outside world; refine the content, scope, form, time limit and filing requirements of information disclosure, and disclose enterprise information in a standardized and orderly manner.

(3) strengthen the confidentiality review of information disclosure. Attach importance to strengthening the confidentiality review of central enterprises' information disclosure, clarify the responsibilities and procedures for confidentiality review, and properly handle the relationship between information disclosure and confidentiality. The information disclosed by enterprises shall not involve state secrets, commercial secrets and personal privacy, and shall not endanger national security, public security, economic security and social stability. For those that should be kept secret in accordance with the law, the work of keeping secret must be done in earnest.

(4) carry out information disclosure risk assessment. Earnestly carry out the risk assessment of information disclosure of central enterprises, study and judge the impact and risks of public information in advance, and formulate corresponding prevention, resolution and response plans. Combined with the actual situation of the enterprise, study and determine the boundary scope of information disclosure and information sharing, and define the content of information that the enterprise will not disclose (exempt from disclosure) in accordance with the law. If the disclosure may damage the legitimate rights and interests of the third party, the consent of the third party must be obtained before the disclosure; but if the non-disclosure may have a significant impact on the public interest, it shall be disclosed, and the third party shall be notified in writing of the information content and reasons for the decision to be disclosed.

(5) improve the carrier and form of information disclosure. Combined with the actual situation of central enterprises, choose suitable forms of disclosure for different information, including new media such as corporate websites, newspapers, Weibo, WeChat and clients, government websites of relevant competent departments, press conferences, corporate social responsibility reports, etc. The central enterprise portal website should set up information disclosure columns in due course, and make links to the government websites of relevant competent departments as required, so as to enhance the timeliness and authority of information release.

3. barrier measures

(1) strengthen organizational leadership. Fully understand the importance and necessity of information disclosure of central enterprises, enhance the awareness of information disclosure, strengthen organizational leadership, determine a person in charge of information disclosure, put information disclosure on the important agenda, regularly study major issues of information disclosure, and actively and steadily deploy and promote relevant work.

(2) Improve the working mechanism. We should establish and improve the working mechanism of information disclosure of central enterprises, clarify the leading departments and main responsibilities, and allocate corresponding staff. The departments of enterprise office, board of directors office, human resources, news and publicity, finance, confidentiality, law and informatization should cooperate closely, take practical and effective measures to form a joint force of work, and ensure the standardized and orderly development of information disclosure.

(3) Improve the quality of the team. Organize and carry out various forms of information disclosure education and training and business research, continuously enhance the professionalism of the information disclosure staff of central enterprises, and cultivate and improve their ability to grasp policies, release information, resolve doubts, public opinion research and judgment, and respond to guidance.

(4) Promote the construction of carriers. Strengthen the construction of new media such as central enterprise portals, Weibo, WeChat, and clients, unblock open information channels, improve functions, enhance content and technical guarantees; improve the spokesperson system, and continuously improve the active disclosure of websites, press conferences, and corporate social responsibility reports Quality and level.

(5) Pay attention to publicity and guidance. Strengthen the publicity and guidance of the information disclosure work of central enterprises, organize business training, seminars and exchanges, and improve the awareness of relevant staff of enterprises to actively disclose information in accordance with the law. The State-owned Assets Supervision and Administration Commission of the State Council has strengthened the guidance and guidance of the information disclosure work of central enterprises, organized and carried out pilot projects and experience exchanges for information disclosure work, and led by typical examples.

(6) Strengthen supervision and accountability. Supervise the development of the information disclosure work of central enterprises in a timely manner, and seriously criticize and publicly notify those who fail to perform their active disclosure obligations or fail to disclose in accordance with regulations; for falsify, conceal the truth, deceive the public, and cause serious social impact, order them to correct, Eliminate negative effects, and hold relevant units and personnel accountable in accordance with the law.

The SASAC of all provinces (autonomous regions and municipalities) may refer to this opinion to guide the funded enterprises to carry out information disclosure work.