The state-owned assets supervision and administration institution of the higher-level government shall, in accordance with these measures, guide and supervise the management of enterprise legal advisers in charge of the state-owned assets supervision and administration institution of the lower-level government. Fifth state-owned assets supervision and administration institutions and enterprises should establish a legal mechanism to prevent risks, and establish and improve the enterprise legal adviser system. Article 6 State-owned assets supervision and administration institutions and enterprises shall establish and improve the incentive and restraint mechanism for enterprise legal counsel. Chapter II Enterprise Legal Counsel Article 7 The term "enterprise legal counsel" as mentioned in these Measures refers to internal professionals who have obtained the qualification of enterprise legal counsel and are employed by enterprises to specialize in enterprise legal affairs. Article 8 When practicing as an enterprise legal adviser, it shall abide by the relevant provisions of the state and obtain the Qualification Certificate of Enterprise Legal Adviser.
The qualification certificate of enterprise legal adviser must pass the national unified examination of enterprise legal adviser qualification and be obtained after passing the examination.
The qualification management of enterprise legal adviser shall be the responsibility of the State Council state-owned assets supervision and administration institution and provincial state-owned assets supervision and administration institution in accordance with the relevant provisions of the state. If the conditions are ripe, it shall entrust the enterprise legal adviser association to organize specific handling. Article 9 An enterprise shall support its employees to learn and master legal knowledge related to their own jobs, and encourage qualified personnel to take the national enterprise legal adviser qualification examination.
An enterprise shall establish a business training system for enterprise legal counsel, and improve the professional quality and professional level of enterprise legal counsel. Article 10 An enterprise legal adviser shall follow the following working principles:
(1) Practicing in accordance with national laws, regulations and relevant provisions;
(two) to safeguard the legitimate rights and interests of enterprises according to law;
(three) to safeguard the legitimate rights and interests of the owners of state-owned assets and other investors;
(four) to prevent legal risks in advance, legal control in the event, supplemented by legal relief afterwards. Eleventh enterprise legal adviser shall enjoy the following rights:
(1) To be responsible for handling legal affairs in enterprise management and decision-making;
(two) to put forward opinions and suggestions on acts that damage the legitimate rights and interests of enterprises, investors and violate laws and regulations;
(three) according to the needs of the work to consult the relevant documents and materials of the enterprise, and ask the relevant personnel of the enterprise;
(four) laws, regulations, rules and other rights granted by the enterprise.
If an enterprise refuses to adopt the opinions and suggestions put forward by the enterprise legal adviser in Item (2) of the preceding paragraph, causing great economic losses and seriously damaging the legitimate rights and interests of the investor, the legal adviser of the subsidiary enterprise of the invested enterprise may reflect to the invested enterprise, and the legal adviser of the invested enterprise may reflect to the state-owned assets supervision and administration institution. Article 12 An enterprise legal adviser shall perform the following obligations:
(1) Abide by national laws, regulations and relevant provisions, as well as enterprise rules and regulations, and abide by professional ethics and practice discipline;
(two) to perform the duties of enterprise legal adviser according to law;
(three) to be responsible for the legality of the legal opinions, legal documents and other legal affairs;
(4) Keeping state secrets and business secrets of enterprises;
(five) other obligations that should be fulfilled by laws, regulations, rules and enterprise regulations. Article 13 An enterprise shall establish a scientific and standardized working system and workflow for enterprise legal counsel, stipulate the authority, procedures and working time limit of enterprise legal counsel, and ensure the smooth progress of enterprise legal counsel work. Article 14 An enterprise shall establish a professional and technical grading system for enterprise legal consultants.
Enterprise legal counsel is divided into enterprise first-level legal counsel, enterprise second-level legal counsel and enterprise third-level legal counsel. The evaluation method shall be formulated separately. Fifteenth enterprise legal affairs institutions can be equipped with enterprise legal adviser assistant, to assist the enterprise legal adviser to carry out the work. Chapter III General Counsel of the Enterprise Article 16 The general counsel of the enterprise as mentioned in these Measures refers to a senior manager who is qualified as an enterprise legal adviser and employed by the enterprise and is fully responsible for the legal affairs of the enterprise. The general counsel of an enterprise shall be responsible to the legal representative or general manager of the enterprise. Seventeenth large enterprises set up a general counsel. Article 18 The general counsel of an enterprise shall meet the following conditions at the same time:
(a) support and implement the basic line, principles and policies of the party and the state, handle affairs impartially and strictly abide by the law and discipline;
(two) familiar with enterprise management, with a high level of policy and strong ability of organization and coordination;
(3) Proficient in legal business, with work experience and ability to deal with complex or difficult legal affairs;
(4) Having the qualification of enterprise legal adviser, and having served as the principal responsible person in the management department at or above the middle level of the enterprise for 3 years; Or be employed as an enterprise-level legal adviser and the head of an enterprise legal affairs agency.