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Can state-owned enterprise personnel do business?

Personnel of state-owned enterprises are prohibited from engaging in business activities related to their jobs during their tenure.

I. Identity and responsibilities of personnel in state-owned enterprises

As employees of state-owned enterprises, the first duty of state-owned enterprise personnel is to provide labor or services for state-owned enterprises and participate in enterprise management. Their behavior should conform to the rules and regulations of the enterprise and safeguard the interests and image of the enterprise.

Second, the restrictions on the personnel of state-owned enterprises doing business.

According to relevant laws and regulations, employees of state-owned enterprises are prohibited from engaging in business activities related to their jobs during their tenure. This is because the on-the-job business of state-owned enterprise personnel may lead to conflicts of interest, damage the interests of state-owned enterprises, and may even involve corruption and other illegal acts. In addition, the management behavior of state-owned enterprise personnel may also affect their work efficiency and professional ethics, which will adversely affect the normal operation of enterprises.

Three, the provisions of the state-owned enterprise personnel operating after leaving.

There are also corresponding laws and regulations on whether employees of state-owned enterprises can do business after leaving their jobs. Generally speaking, employees of state-owned enterprises need to go through a period of "decryption period" after leaving their jobs to ensure that business secrets and sensitive information of enterprises are not leaked. After the end of the confidentiality period, employees of state-owned enterprises can apply for business activities according to law, but they still need to abide by relevant laws, regulations and industry regulations to ensure that business activities are legal and compliant.

Fourth, strengthen supervision and self-discipline.

In order to prevent the personnel of state-owned enterprises from doing business in violation of regulations and ensure the healthy development of state-owned enterprises, relevant departments should strengthen supervision and establish a sound supervision mechanism. At the same time, state-owned enterprise personnel should consciously abide by laws and regulations and professional ethics, enhance self-discipline awareness, and avoid illegal business practices.

To sum up:

Personnel of state-owned enterprises are forbidden to engage in business activities related to their jobs during their tenure, in order to safeguard the interests and image of state-owned enterprises and prevent conflicts of interest and corruption. If employees of state-owned enterprises need to do business after leaving their jobs, they should abide by relevant laws, regulations and industry regulations to ensure that their business activities are legal and compliant. Strengthening supervision and self-discipline is an important guarantee to prevent state-owned enterprise personnel from doing business illegally.

Legal basis:

Company Law of the People's Republic of China

Article 148 stipulates:

Directors and senior management personnel shall not enter into contracts or conduct transactions with the company in violation of the company's articles of association or without the consent of the shareholders' meeting or the shareholders' meeting; Run the same business for yourself or others as the company you work for.

People's Republic of China (PRC) supervision law

Article 15 stipulates:

The supervisory organ shall supervise the following public officials and related personnel

Personnel of state-owned enterprises are engaged in official business, and their business activities are supervised and constrained by supervisory organs.

Please note that the above legal basis only involves some businesses of state-owned enterprise personnel. In practice, we need to refer to other relevant laws, regulations and rules to ensure a comprehensive understanding and accurate judgment of the business behavior of state-owned enterprise personnel.