Chinese Dodd-Frank, the Working Rules of the People’s Procuratorate on Whistleblowing (“Whistleblowing Rules”), was issued by the Supreme People’s Procuratorate (“SPP”) in 1996 and further amended in 2014.
Unlike the Dodd-Frank, China’s Whistleblowing Rules are centered on the state working personnel taking bribes and committing embezzlements (as well as some other crimes) rather than companies giving bribes.
The Whistleblowing Rules encourages whistleblowing on a real name-basis. In practice, the People’s Procuratorates must respond to real-name whistleblowing. No matter if a whistleblowing is made anonymously or not, the People’s Procuratorates shall maintain the confidentiality of the whistleblowings and protect the interests and rights of whistleblowers.
The award to a whistleblower is normally no more than RMB200K (approximately US$30K). However, if a whistleblower’s whistleblowing is significantly valuable, the award could exceed the threshold of RMB200K while no more than RMB500K (approximately US$80K). If a whistleblowing is extremely valuable, the award could be more than RMB500K.
The Whistleblowing Rules also provides for the procedures of remediation of a wrong or wrongful whistleblowing.
You may follow the link for the Whistleblowing Rules in Chinese.
Licensed to practice law in China and the New York State of the USA., Henry Chen is a senior partner of Beijing Dacheng Law Offices, LLP (Shanghai) (AKA Dentons Shanghai Office). Henry was the former AP Compliance Director of Ford Motor Company. Henry is the author of Risk Management of Commercial Bribery in China. Henry is available at Henry.chen@dentons.cn