Interim provisions of the Ministry of Aviation Industry on the work of enterprise legal counsel

Article 1 In order to meet the needs of enterprises to manage the economy according to law, these Provisions are formulated in accordance with the relevant requirements of the Regulations on the Work of Directors of Industrial Enterprises Owned by the Whole People and in combination with the specific conditions of our Ministry. Article 2 An enterprise shall establish and improve the legal consultant system.

Large enterprises to set up a legal advisory office, the conditions are not mature, can be temporarily equipped with full-time legal adviser assistant; Other enterprises may set up legal advisory offices. If there is no legal adviser room, it shall be equipped with full-time legal adviser assistants. Personnel must have the corresponding business level. Article 3 The factory director (or manager, the same below) shall set up full-time or hire part-time legal advisers.

Conditional enterprises shall employ their own personnel as legal advisers; Where a legal adviser's office is established, the legal adviser shall generally be the director of the legal adviser's office.

Enterprises can also hire social lawyers as part-time legal advisers. The legal adviser's office or full-time legal adviser's assistant shall assist the factory director to strengthen the contact with the hired legal adviser and cooperate with the hired legal adviser to carry out the work. Article 4 The Legal Advisory Office is an independent functional department of an enterprise. The legal adviser, legal adviser's office and full-time legal adviser assistant handle the legal affairs of the enterprise under the direct leadership of the factory director, are responsible to the factory director and provide legal services for the enterprise. Article 5 The legal adviser's office shall have a director, deputy directors and assistant legal advisers. The director and deputy director are appointed by the factory director.

The establishment of the legal advisory office can be determined according to the needs of the work. Article 6 After an enterprise establishes a legal adviser, a legal adviser's office or a full-time legal adviser's assistant, it shall report to the general office of the Ministry and the local judicial administrative organ for the record. Its business is guided by the local judicial administrative organs. Article 7 The requirements for enterprise legal counsel are as follows:

1. Support the Party's line, principles and policies;

2. Decent style, fair handling, and dare to adhere to principles;

3. After professional training in economic law, he has the ability and legal knowledge to do his job;

4. Familiar with economic management and enterprise management;

5. Have a college degree or above or a college degree or above;

6. Have enterprise management experience, have certain economic and legal work practice, obtain lawyer qualification, or have the ability to work as a lawyer.

Anyone who meets the above conditions can serve as an enterprise legal adviser or director of the legal advisory office; Persons who meet the first five conditions may serve as deputy directors or assistants of corporate legal counsel. Article 8 The responsibilities of the legal counsel office (including legal counsel or full-time legal counsel assistant, the same below):

1. Provide legal opinions and suggestions for the management decision of the factory director and the business activities of various business departments, and ensure that the business activities of enterprises comply with national laws, regulations and relevant provisions;

2. Participate in the audit and management of enterprise economic contracts. Participate in domestic joint ventures, foreign-related economic, technical and trade negotiations and the drafting and review of their contracts;

3 to assist the factory director or the relevant departments to formulate, amend and abolish various rules and regulations, and cooperate with the relevant departments to supervise and inspect their implementation, and put forward suggestions for improvement in a timely manner;

4. Accept the entrustment of the legal representative to participate in non-litigation activities such as mediation, arbitration and litigation on his behalf, and safeguard the legitimate rights and interests of the enterprise;

5. Assist the factory director to implement the national laws, regulations and other relevant provisions, and cooperate with relevant departments to do a good job in legal publicity and education of the unit;

6. To undertake other legal affairs assigned by the factory director. Article 9 The rights of the Legal Advisory Office:

1. Understand the production and operation of the enterprise;

2. According to the needs of the work, read the superior documents and consult the relevant documents, materials, meeting records and financial and statistical statements of the enterprise;

3. Attend the enterprise management committee as nonvoting delegates and participate in other forms of business decision-making meetings;

4. Ask the factory director to correct the illegal acts in the business activities of the enterprise in time, and have the right to report to the competent department of the enterprise if they are not corrected;

5. Have the right to refuse to participate in activities that violate the law and harm the interests of the state or enterprises. Article 10 The legal advisory office shall persist in learning legal and economic management knowledge and constantly improve its professional level. Establish and improve the work system of "work diary", "collective discussion", "data management", "report and comment" and "consultation and registration". Article 11 When handling legal affairs, the Legal Advisory Office shall take facts as the basis and law as the criterion, and safeguard the legitimate rights and interests of the state, enterprises and employees.

The Legal Advisory Office shall exercise its functions and powers to safeguard the implementation of laws and regulations, and no one may interfere or take revenge. Twelfth enterprises and their competent departments shall commend and reward legal advisers who are loyal to their duties and have made remarkable achievements; I'm sorry that legal advisers who even participate in illegal business activities should be adjusted in time and held accountable. Thirteenth legal advisers are professional and technical personnel, whose professional and technical positions can be included in the series of professional positions in engineering technology and economy, and their evaluation and appointment (appointment) work shall be carried out in accordance with the relevant documents of the state and the Ministry. Fourteenth units can formulate specific legal adviser work system according to these provisions. The legal advisory work of public institutions shall be implemented with reference to these provisions. Fifteenth these Provisions shall be interpreted by the general office of the Ministry and shall come into force as of the date of promulgation.