Implementation scheme of lawyer work of state owned enterprises in Hubei Province

Issuing time:2017-08-16 14:18

Implementation scheme of lawyer work of state owned enterprises in Hubei Province

In order to establish and perfect the state-owned enterprise legal adviser, the company lawyer system, improve corporate governance ability of state-owned enterprises according to law, according to the "Notice of the general office of the provincial Office of the provincial government issued" on the implementation of legal system and the Public Law Firm lawyer system implementation opinions "(Hubei Ban Fa 2016 No. 40), the combination of our province the rule of the actual work of state-owned enterprises, the enactment of this scheme:

I. guiding ideology

Conscientiously implement the spirit of the eighteen Party of the third and fourth, fifth, general secretary of the six plenary session of the spirit and Xi Jinping series of important speech, in accordance with the requirements of the rule of law and the rule of comprehensive strategic plan of the construction of Hubei, Hubei state owned enterprise reform and development closely around the central task, and promote the construction of rule of law in the province's state-owned assets system, constantly improve the corporate governance level according to law stronger bigger state-owned enterprises to provide a strong legal guarantee for deepening the reform of state-owned assets, state-owned enterprises.

Two, overall arrangements

Hubei province to promote the state-owned enterprises corporate lawyers working together by the provincial government, the SASAC and the Department of justice.

(a) qualification management, the Provincial Justice Department is responsible for the province's state-owned enterprises, the practice of law supervision; the provincial government SASAC is responsible for the guidance and supervision of the province at all levels of state-owned enterprises to carry out corporate lawyers work; the provincial government SASAC jointly with the Department of justice to organize the implementation of the province's state-owned enterprises the company lawyers annual assessment, training and communication etc..

(two) in the central and local levels of state-owned enterprises in the provincial government under the guidance of SASAC, the SASAC of the State Council, the provincial government SASAC on state-owned enterprise legal counsel and company lawyers system and related work arrangements, to undertake the corporate lawyer certificate application, daily management and assessment of specific work practice.

(three) the implementation plan issued, the province at all levels of state-owned enterprises should conscientiously study the implementation of the program, and in August 30th before the SASAC to submit an application to the provincial government. Hubei Provincial Department of Justice issued by the company in October 30, 2017 before the lawyer's practice certificate.

Three, job requirements

(1) strengthening organizational leadership. State owned enterprises at all levels should fully realize the importance of carrying out and promoting the work of lawyers in the company, strengthen leadership and organize the implementation of the work. In the process of promoting the company lawyers work, both to strict standards, good recommended work, but also to encourage the enterprise legal staff eligible to participate actively in the legal occupation qualification examination, growing state-owned enterprise legal adviser and company lawyers.

(two) improve the management system. According to "Hubei Province corporate lawyer management measures" to all levels of state-owned enterprises, the enterprise legal management office shall be established according to law, to develop the enterprise legal norms and guidelines, fully clear corporate legal work content, procedures, methods, clear corporate lawyer selection, appraisal, reward and punishment mechanism for the company law to fulfill the enterprise legal adviser to successfully carry out duties, lawyers work laid the foundation.

(three) strengthening education and training. Special training of state-owned enterprises should actively support and encourage the enterprise legal adviser, the company participated in the provincial government, provincial SASAC provincial Lawyers Association, the association of corporate counsel and other departments of the organization, optimize the company law knowledge structure, improve the company lawyer business level; regularly organize to focus on learning activities of training, improve the company. The ability to perform their duties of lawyers.

(four) establishing guarantee mechanism. The state-owned enterprises should give full play to the company law governing the positive role of enterprises in the work in advance, let the company lawyers to participate in a wide range of major decisions of legal audit, risk control, coordination, dispute case the respondent and other daily legal affairs, promote the establishment of legal, compliance, contract, risk, internal control integrated management platform, improve corporate governance, in accordance with the law according to the management level of ability. The Department of justice of the provincial government SASAC to strengthen the operational guidance of practicing lawyers for the company, improve the assessment of incentive mechanism, for the company to create a good environment for lawyers to perform their duties according to law.

Annex: 

1.establishment of application form for Management Office of legal advisor of state owned enterprise 

2. application form for lawyer practice of state-owned enterprises in Hubei Province