Comments to the SHAMR on Compliance Guidelines for Competition Among Business Operators

2020-08-03 | Beijing, Shanghai

Generally speaking, we believe that the original intention of forming the compliance guidelines for operators is good, but it is necessary to determine the boundaries of the responsibility of the government and enterprises in compliance management: the government manages enterprises in violation of regulations, and is responsible for punishing non-compliant operators; and enterprises are responsible to be compliant, so how to comply is the task of the enterprise, not the task of the government. Each company has its own internal departments and functional divisions and department naming, and government regulations should not interfere with the establishment and division of internal functions of the company. For example, corporate recruitment, hiring qualified employees, or providing professional compliance consultants or consultations through a competent third party are all options to strengthen and enhance the corporate compliance capabilities. These methods themselves should not be stipulated as statutory compliance requirements of the government.

At the same time, we recommended to formulate national unified regulations instead of each province and city formulating its own guidelines. Most companies conduct business across the country. If each province and city has its own compliance guidelines, it is not conducive to the company's specific operations.