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China – New Rules To Facilitate Bribery Related Records Checks.

20 April, 2012

 

Legal News & Analysis – Asia Pacific – China – Labour & Employment

 

The Supreme People's Procuratorate (最高人民检察院) issued the new "Rules relating to Enquiries on Records of Bribery Convictions (最高人民检察院关于行贿犯罪档案查询工作的规定)" ("New Rules"), effective on 6 February 2013, in replacement of the then existing rules on the same subject.

 

The New Rules were issued following centralisation of records on bribery related convictions, allowing more categories of parties (including governmental agencies and organizations, local and overseas companies and individuals) to request bribery records checks.

 

A request for bribery records check must necessarily be for certain legitimate purposes (such as employee recruitment, business tenders/contracts, loan applications, business partnerships, etc.), and the reasons for the request will need to be provided to the relevant local procuratorate to which the request is made.

 

Requests for bribery records checks may be made online or by telephone before appearing in person to collect the search records from the relevant local procuratorate. The procuratorate is obliged to issue a summary of the bribery related records within 3 business days upon its receipt of a legitimate request for bribery records check.

 

The New Rules provide helpful guidance as regards the parties who may request bribery records checks and the allowable reasons for a bribery records check, but remain unclear in some aspects, including as to whether a private company may request bribery records checks on others involved in a litigation process.

 

 

For further information, please contact:
 
Toh Guat Kim, Partner, Deacons
kim.toh@deacons.com.hk
 
Stephen Li, Deacons
rucong.li@deacons.com.cn

 

 

 

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