Circular of the General Office of the CPC Central Committee and the General Office of the State Council for Issuing the Provisions on Party Organ and Government Personnel's Personal Investment in Securities

Circular of the General Office of the CPC Central Committee and the General Office of the State Council for Issuing the Provisions on Party Organ and Government Personnel's Personal Investment in Securities [Effective]

中共中央办公厅、国务院办公厅关于印发《关于党政机关工作人员个人证券投资行为若干规定》的通知 [现行有效]

【法宝引证码】

Issuing authority： Instrumentalities of the State Council,General Office of the State Council
Document Number： No. 10 [2001] of the General Office of the Central Committee of the Communist Party of China
Date issued： 04-03-2001
Effective date: 04-03-2001
Area of Law:Securities,Government Affairs


Circular of the General Office of the CPC Central Committee and the General Office of the State Council for Issuing the Provisions on Party Organ and Government Personnel's Personal Investment in Securities (No. 10 [2001] of the General Office of the Central Committee of the Communist Party of China ) The Party Committee and People's Government of Each Province, Autonomous Region and Provincial-Level Municipality, the Party Committee of Each Greater Military Area, All Ministries (Departments) and Commissions under the Party's Central Committee and the State Council, All Headquarters under the Military Committee, the Party Committee of Each Arm and Service, and All People's Organizations: With the approval of the CPC Central Committee and the State Council, the “Provisions on Party Organ and Government Personnel's Personal Investment in Securities ” are hereby issued to you for implementation. In October 1993, the CPC Central Committee and the State Council decided that all leading cadres at and above the county (section) level in party organs and governments are prohibited from investing in securities. Various localities and departments have also made certain restrictive provisions with regard to the investment in securities by their personnel. Under the historical conditions then where proper control mechanisms had not been completely established, those restrictive provisions have played an important role in making the leading cadres of party organs and governments honest and clean and self-controlling, preventing corruption and ensuring a sound development of the securities market. Along with the gradual development of the securities market system, especially with the promulgation and implementation of the Securities Law of the People's Republic of China, the development of the securities market of China has embarked on the legal track. It is a support for the national development for party organ and government personnel to lawfully invest their legal property in the securities market. Therefore, the CPC Central Committee and the State Council have decided to relax the restrictions, to a certain extent, regarding party organ and government personnel's buying and selling stocks, allowing them, under certain conditions, to invest in securities market by buying and selling stocks and securities investment funds. Those party organ or government personnel who violated the former relevant provisions prior to the issue of these Provisions by buying and selling stocks shall continue to be investigated and dealt with in accordance with the former provisions; especially, every case discovered of buying or accepting “original stocks” by taking advantage of their powers or the influence of their positions shall be investigated and dealt with without appeasement. The General Office of the CPC Central Committee The General Office of the State Council April 3, 2001 Provisions on Party Organ and Government Personnel's Personal Investment in Securities (Issued by the General Office of the Communist Party of China and the General Office of the State Council on April 3, 2001)		中共中央办公厅、国务院办公厅关于印发《关于党政机关工作人员个人证券投资行为若干规定》的通知（中办发〔2001〕10号）各省、自治区、直辖市党委和人民政府，各大军区党委，中央和国家机关各部委，军委各总部、各军兵种党委，各人民团体：《关于党政机关工作人员个人证券投资行为若干规定》已经党中央、国务院同意，现印发给你们，请遵照执行。 1993年10月，党中央、国务院作出了关于党政机关县（处）级以上领导干部不准买卖股票的规定。各地区、各部门也对所属工作人员买卖股票问题作了一些限制性规定。在当时国家证券市场监管机制不够健全的历史条件下，这一规定对于党政机关领导干部廉洁自律，防治腐败，保证证券市场健康发展起到了重要作用。随着我国证券市场制度的逐步健全，特别是《中华人民共和国证券法》的颁布实施，我国证券市场的发展已经走上法制化轨道。党政机关工作人员将其合法财产以合法的方式投资于证券市场，是对国家建设的支持。为此，党中央、国务院决定有限制地放宽对党政机关工作人员买卖股票的禁令，在一定条件下允许党政机关工作人员个人依法投资证券市场，买卖股票和证券投资基金。对于本规定发布前党政机关工作人员违反当时规定买卖股票的行为，应当继续依照原有的规定予以查处；特别是对利用职权或者职务上的影响购买、收受“原始股”的，要发现一起，查处一起，绝不姑息。中共中央办公厅国务院办公厅 2001年4月3日关于党政机关工作人员个人证券投资行为若干规定（中共中央办公厅、国务院办公厅2001年4月3日印发）
Article 1 These Provisions are formulated for the purpose of regulating party organ and government personnel's activities of personal investment in securities, assisting the personnel of party organs and governments to be honest, clean and self-controlling, contributing to the building of the party's work style and a clean government, and promoting the sound development of the securities market.		第一条　为规范党政机关工作人员个人证券投资行为，促进党政机关工作人员廉洁自律，加强党风廉政建设，促进证券市场健康发展，制定本规定。
Article 2 For the purpose of these Provisions, party organ and government personnel's activities of personal investment in securities mean those personnel's lawful activities of investing their legal property in the securities market, buying and selling stocks and securities investment funds. ．．．．．．		第二条　本规定所称党政机关工作人员个人证券投资行为，是指党政机关工作人员将其合法的财产以合法的方式投资于证券市场，买卖股票和证券投资基金的行为。．．．．．．
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