In 2022, the State-owned Assets Supervision and Administration Commission (SASAC) officially launched the "Year of Strengthening Compliance Management", and the Supreme People's Procuratorate announced that it would launch a pilot project for corporate compliance reform across the country, and both state-owned enterprises and private enterprises should strengthen compliance management.
In the future, all enterprises need professional corporate compliance talents, and corporate compliance professionals are a profession that came into being in the tide of economic development.
Below, we will give you a detailed introduction to the emerging profession in recent years - corporate compliance specialists.
One
Career prospects and social needs of corporate compliance professionals
On March 18, 2021, the Ministry of Human Resources and Social Security, together with the State Administration for Market Regulation and the National Bureau of Statistics, released 18 new professions to the public, and "corporate compliance specialist" is one of them.
As one of the new professions, corporate compliance professionals have also been officially included in the Occupational Classification Dictionary of the People's Republic of China.
So, what kind of profession is a corporate compliance professional?
Occupation definition: A person who is engaged in the construction, management and supervision of corporate compliance, and makes the behavior of the enterprise and its internal members conform to laws, regulations, regulatory requirements, industry regulations and ethical norms.
The main tasks are:
1. Formulate strategic planning and management plans for corporate compliance management, identify and assess compliance risks and manage corporate compliance obligations;
2. Develop and implement internal compliance management systems and processes;
3. Carry out corporate compliance consulting and compliance investigations, and handle compliance reports;
4. Monitor the effectiveness of the operation of the enterprise's compliance management system, and carry out evaluation, audit, optimization, etc.;
5. Handle compliance matters related to external regulators and partners, and provide relevant policy interpretation services to service users;
6. Carry out corporate compliance training, compliance assessment, compliance publicity, and compliance culture construction.
So, what are the job prospects for corporate compliance specialists?
1. Policy background:
On November 2, 2018, the State-owned Assets Supervision and Administration Commission of the State Council formulated the Guidelines for Compliance Management of Central Enterprises (Trial) in order to promote the comprehensive strengthening of compliance management of central enterprises, accelerate the improvement of the level of compliance operation and management in accordance with the law, strive to build a central enterprise under the rule of law, and ensure the sustainable and healthy development of enterprises.
On June 3, 2021, in accordance with the law, we established and improved mechanisms for third-party oversight and assessment of the compliance of enterprises involved in cases, effectively punishing and preventing violations and crimes by enterprises, serving to ensure high-quality economic and social development, and helping to advance the modernization of the national governance system and governance capacity.
The Supreme People's Procuratorate, the Ministry of Justice, the Ministry of Finance, the Ministry of Ecology and Environment, the State-owned Assets Supervision and Administration Commission of the State Council, the State Administration of Taxation, the State Administration for Market Regulation, the All-China Federation of Industry and Commerce, and the China Council for the Promotion of International Trade have researched and formulated the "Guiding Opinions on the Establishment of a Third-Party Supervision and Assessment Mechanism for the Compliance of Enterprises Involved in Cases (for Trial Implementation)".
In 2022, the State-owned Assets Supervision and Administration Commission (SASAC) officially launched the "Year of Strengthening Compliance Management", and the Supreme People's Procuratorate announced that it would launch a pilot project for corporate compliance reform across the country, and both state-owned enterprises and private enterprises should strengthen compliance management.
2. Industry status:
Enterprise operation, compliance first.
At present, the compliance construction of enterprises in mainland China is facing huge needs and challenges, and the importance of corporate compliance professionals is gradually becoming prominent.
As high-end talents who investigate risks, standardize management and support decision-making, corporate compliance professionals are becoming the backbone of enhancing the resilience of mainland enterprises.
Under the pressure of escalating international and domestic regulatory policies, more local Chinese enterprises need to establish compliance management systems, and the contradiction between the urgent need for compliance management and the lack of personnel is becoming increasingly prominent.
According to the data provided by the National Bureau of Statistics, the State Administration for Industry and Commerce and the Ministry of Commerce in 2020, it is estimated that the real talent gap of corporate compliance professionals is about 9.52 million, and there is considerable room for development.
In the past, corporate compliance management was mainly undertaken by in-house counsel, but according to the Report on the Development of Legal Risk Management for Enterprises in China, there have only been more than 200,000 full-time legal counsel since 2000, which cannot meet the huge demand for corporate compliance in the future.
In addition, from the perspective of actual work content, both legal affairs and external lawyers focus on "dealing with risks", and the main focus of the work of compliance professionals is "risk prevention". The difference in the nature of work also makes many in-house counsel and lawyers unable to truly assume the function of corporate compliance specialists.
Two
What are the requirements and abilities required to become a corporate compliance professional?
1. Related majors:
Economics, Labor Economics, Taxation, Finance, Investment, Credit Management, International Economics and Trade, Law, Intellectual Property, Credit Risk Management and Legal Prevention and Control, Political Science and Administration, Political Science, Economics and Philosophy, Criminology, Education, Administrative Management, Labor and Social Security, Public Relations, Business Administration, Marketing, Financial Management, Human Resource Management, International Business, Management Science, Accounting, E-commerce, etc.
Related Occupations:
Lawyers, Certified Public Accountants, Tax Agents, Business Managers, Accounting Professionals, Auditing Professionals, Tax Professionals, Asset Valuation Professionals, Marketing Professionals, Human Resources Managers, Patent Agency Professionals, Trademark Agency Professionals, Copyright Professionals, Legal Counsel, Judges, Prosecutors, Arbitrators, Risk Managers, Network and Information Security Administrators, Standardization Engineering and Technical Personnel, Project Management Engineering and Technical Personnel; Quality management engineering and technical personnel, information management engineering and technical personnel, cooperative economy professionals, international business professionals, management consulting professionals, human resources service professionals, banking professionals, insurance professionals, securities professionals, teaching personnel, intellectual property professionals, administrative affairs processing personnel, information transmission, software and information technology service personnel, heads of state organs, heads of enterprises and institutions, economic researchers, educational researchers, legal researchers, Management researchers, engineering and technical personnel, environmental protection engineering and technical personnel, environmental impact assessment engineering and technical personnel, safety engineering and technical personnel, management engineering and technical personnel, etc.
2. Professional ethics:
Corporate compliance officers should abide by basic professional ethics and ethical literacy:
a) Comply with laws and regulations, be independent and objective
b) Be diligent and responsible, with integrity and integrity
c) Professional, erudite, diligent and dedicated
d) Respect reputation and abide by public morality
e) Confidentiality and principle
f ) 尊重同行、同业互助
3. Vocational knowledge and skills:
Basic theoretical knowledge
Corporate compliance professionals should understand and master the following basic theoretical knowledge of corporate compliance management (including but not limited to):
a) the emergence and development of corporate compliance;
b) Definition and scope of corporate compliance;
c) Principles and system construction of corporate compliance management;
d) Elements and connotations of corporate compliance management.
Knowledge of relevant laws and regulations
Corporate compliance professionals should understand, master and apply the following laws and regulations related to corporate compliance management according to professional requirements:
a) Common legal and regulatory requirements of enterprises;
b) Relevant industry, professional regulations and special requirements
c) Relevant international rules and foreign legal systems;
d) Other relevant laws and regulations;
e) domestic standards, guidelines and management policies related to compliance management;
f) International guidelines and regulations related to compliance management.
Knowledge of relevant standards
a) Relevant national standards
b) Relevant international standards
Relevant knowledge of business management
Corporate compliance professionals should understand and master the following relevant corporate management knowledge (including but not limited to) related to corporate compliance management according to the requirements of the enterprise:
a) Management of basic functions and management by objectives
b) Management framework and process management
c) Risk Management
d) Internal controls
e) Management and Communication
f) Corporate culture and cross-cultural management
g) Corporate Social Responsibility
Compliance management skills
Corporate compliance professionals should have the ability to learn, analyze, communicate, express, organize, coordinate, cooperate, adapt and innovate, and make appropriate decisions competently for their work.
Three
Career development planning for corporate compliance professionals
1. The professional application of corporate compliance specialists:
Corporate compliance specialists are mainly engaged in accounting, auditing, taxation, finance and other related professions, serving as accounting supervisors and managers, audit supervisors and managers, financial supervisors and managers, tax supervisors and managers, legal directors and managers, finance and taxation supervisors and managers, risk control supervisors and managers and other professional managers engaged in accounting, auditing, taxation, finance and taxation, finance and other related professions, as well as senior managers at the director level and above in these positions.
Applicable to Corporate Compliance Specialist (Junior).
(1) College students. Majors in economics, finance, taxation, law, legal affairs, tax management, finance, credit management, investment, accounting, insurance, accounting and other disciplines, tend to choose to engage in basic positions related to corporate compliance management and risk control, such as legal administrators, or front-line positions in risk management.
(2) Relevant employees in the society. These groups are mainly engaged in basic management personnel, compliance management personnel, risk management personnel, legal personnel, technical research and development personnel, front-line production employees and other junior positions in relevant units of enterprises and institutions.
The Corporate Compliance Professional (Junior) Program is committed to helping the above two groups of people master the basic knowledge of corporate compliance-related laws and regulations, the overview of ISO37301 compliance guidelines, the competency model of corporate compliance talents, the overview of compliance management, the compliance management system, the basic knowledge of corporate compliance risks and internal control, and have the basic work ability and professional skills of corporate compliance management and risk control.
Applicable Targets for Corporate Compliance Professionals (Intermediate).
Corporate Compliance Specialist (Intermediate) is mainly aimed at middle-level managers who are engaged in legal, accounting, auditing, taxation, finance and other related professions, and serve as legal consulting supervisor, accounting supervisor, audit supervisor, financial supervisor, legal supervisor, tax supervisor, finance and taxation supervisor, front-line production supervisor and other positions in enterprises and institutions.
The Corporate Compliance Specialist (Intermediate) Program is committed to helping middle-level professional managers with intermediate-level work capabilities and professional skills in corporate compliance-related laws and regulations, interpretation of ISO37301 compliance guidelines, training of corporate compliance talents, construction of compliance management systems and processes, internal control of corporate compliance, identification and assessment of compliance risks, practical operation of internal control in the context of big data, and practical operation of compliance management under the fourth phase of the Golden Tax.
Applicable to Corporate Compliance Specialist (Senior).
Corporate Compliance Specialist (Senior) is mainly aimed at senior professional managers engaged in legal, accounting, auditing, taxation, finance and taxation, finance and other related professions, serving as legal consulting managers, accounting managers, audit managers, financial managers, tax managers, legal managers, finance and taxation managers, risk control managers and other positions of enterprises and institutions, as well as senior managers at or above the director level of these positions.
The Senior Corporate Compliance Professional Program is committed to helping senior managers of enterprises to prepare senior managers with relevant laws and regulations related to corporate compliance, interpretation of ISO37301 compliance guidelines, compliance management, comprehensive risk identification and risk management, compliance management system construction, compliance target setting and compliance measures, internal control, internal audit, compliance evaluation and application of results, corporate compliance talent training and culture construction, comprehensive case analysis of data security compliance management, comprehensive case score of anti-monopoly compliance management, comprehensive case score of pharmaceutical compliance management, Anti-corruption, anti-bribery, and compliance management, comprehensive case management, senior work ability and professional skills.
2. The professional level promotion of corporate compliance officers:
There are three levels of this profession: junior, intermediate and senior corporate compliance specialists.
Prerequisites:
(1) Basic conditions
Citizens of the People's Republic of China, who abide by national laws and regulations, abide by professional ethics, have full capacity for civil conduct, and meet the application requirements of each level, may register for the professional ability (level) examination of corporate compliance specialists.
To apply for the junior corporate compliance officer, one of the following conditions must also be met:
Have a high school diploma (including high school, technical secondary school, vocational high school and technical school) or above recognized by the national education department.
To apply for the intermediate corporate compliance professional examination, one of the following conditions must also be met:
Master's degree or above;
Obtain a bachelor's degree recognized by the national education department, at least 2 years;
Obtain a college degree recognized by the national education department, at least 3 years;
Obtained the certificate of junior corporate compliance professional, 1 year.
To apply for the Senior Corporate Compliance Specialist exam, one of the following conditions must also be met:
Obtain any qualification or certificate of legal professional qualification, certified public accountant, intermediate or above in accounting professional and technical skills, intermediate or above in auditing professional and technical qualifications;
Obtain a master's degree or above recognized by the national education department;
Obtain a bachelor's degree recognized by the national education department, at least 3 years;
Obtain a college degree recognized by the national education department, at least 4 years;
Obtained the certificate of junior corporate compliance professional for 2 years;
Obtained the Intermediate Corporate Compliance Professional Certificate for 1 year; 10 years of experience in legal affairs, finance and taxation.
(2) Persons with any of the following circumstances shall not apply for the examination:
(1) The period during which the applicant was banned from taking the professional ability (level) examination of the enterprise compliance professional in the previous year due to violations of discipline and regulations;
(2) Those who have obtained relevant grade certificates.
3. Related training:
Based on the current situation of corporate compliance management in mainland China, the Recognition and Research Center of the State Administration for Market Regulation conducted in-depth research and invited many top experts and scholars in the industry to create a training course system for corporate compliance professionals and comprehensively interpret relevant major national policies and measures.
In addition, we carry out practical training such as system formulation, risk identification, compliance review, risk response, accountability, assessment and evaluation, and compliance training, so as to improve the comprehensive ability of corporate compliance personnel.
Training content:
The main content of the training and ability assessment of corporate compliance professionals includes four parts: the foundation of corporate compliance management, the construction of compliance management system, the operation of compliance management system, and the effectiveness evaluation and improvement of compliance management.
Certificate issuance
Those who meet the training hours and pass the personnel proficiency test will be issued a proficiency test certificate for enterprise compliance personnel by the Certification and Accreditation Technology Research Center of the State Administration for Market Regulation, which can be found on the official website of the Certification and Accreditation Technology Research Center of the State Administration for Market Regulation.
4. Expert Advice:
If you want to become a professional corporate compliance professional, you need to go through continuous learning, and the professional ability (level) examination of corporate compliance officer is the first level to become a corporate compliance professional.
It is understood that the examination is sponsored by the China Enterprise Evaluation Association, which is conducted in spring and autumn every year, and is divided into three levels: elementary, intermediate and high, and test centers are set up in some key cities such as municipalities, provincial capitals and Shenzhen.
It is open to the whole society and is used to inspect the level of compliance professional ability of test takers, and to promote the regularization, specialization, and professionalism of the corporate compliance professional team. Candidates who pass the exam will receive a corporate compliance professional certificate issued by the China Enterprise Evaluation Association.
Jing Rongfeng, a civil and commercial lawyer and corporate compliance lawyer at Beijing Zhongdun Law Firm, suggested key words: balance, learning and word of mouth.
How to balance the internal interests of the enterprise is a test of the "emotional intelligence" of the compliance officer. For example, in the line of project compliance, Jing Rongfeng found that many construction unit project visas, contracts and other documents were not kept by a special person, and they were easily lost.
Who should keep it?
Jing Rongfeng tried to negotiate with other departments, but they all blamed each other because of the increased workload, and she tried to suggest that the company set up a file management department, but it was also stranded due to cost issues.
"Compliance often means increasing the cost of risk control, and no matter how perfect and detailed the design route is, it cannot be truly implemented for enterprises, and it has no practical significance. ”
In this case, Jing Rongfeng tried to take into account the interests of various departments, and finally adopted a compromise method to incorporate "file management" into the financial department, and the condition was that the salary of the financial department was upgraded and performance rewards were increased.
Seeking the greatest flexibility under the "hard" constraints of compliance has always been regarded by Jing Rongfeng as the most valuable industry "integrity". Behind these adaptations and checks and balances is the accumulation of a large amount of knowledge outside the industry.
"If you have a business mindset and a legal mindset, you have to keep learning, and you have to learn alone, endlessly. ”
We must not only make up for shortcomings, but also lead the way. Where the new business forms and new economic points are, the compliance of enterprises is there. Many people think that corporate compliance is a "gimmick" and just icing on the cake.
Jing Rongfeng believes that compliance can truly safeguard the interests of the parties. In the negotiations, Jing Rongfeng paid attention to the principle of "persuasion and peace." "In the face of the new economic format, we do not put on a show, do not engage in tough confrontation, the purpose of compliance is to promote cooperation and maintain the long-term development of the industry. ”
In 2022, the State-owned Assets Supervision and Administration Commission (SASAC) officially launched the "Year of Strengthening Compliance Management", and the Supreme People's Procuratorate announced that it would launch a pilot project for corporate compliance reform across the country, and both state-owned enterprises and private enterprises should strengthen compliance management.
In the future, all enterprises need professional corporate compliance talents, and corporate compliance professionals are a profession that came into being in the tide of economic development.
To apply for the certificate, pay attention to the WeChat public account [Special Operation Certificate Encyclopedia]