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On Amendments To The Registration Of Institutions Of The Interim Regulations On The Administration Of The State Council's Decision

Original Language Title: 国务院关于修改《事业单位登记管理暂行条例》的决定

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(June 27, 2004 People's Republic of China promulgated by Decree No. 411 release come into force on the date of promulgation) Decides to include the registration of institutions provisional regulations on the administration of the State Council fifth paragraph is amended as: "the Agency and staffing agency is a member of the people's Government at or above the county level institution registration authority (hereinafter referred to as the registration authority) is responsible for the implementation of the institution's management of the register. Authority for establishing government organizations at or above the county level shall strengthen the institutions of registration authority registration and administration of supervision and inspection. "This decision come into force on the date of promulgation.
    The institutions of the interim regulations on the administration of registration of corresponding amendments shall be made according to this decision, republished.
    Attachment: interim regulations on the registration and administration of public institutions (2004 revision) (October 25, 1998, People's Republic of China promulgated by Decree No. 252, published June 27, 2004 on amendments to the registration of institutions of the interim regulations on the administration of the State Council decision on amendments) Chapter I General provisions article in order to regulate the registration of institutions management, safeguards the legitimate rights and interests of the institutions, play the role of institutions in the construction of Socialist material civilization and spiritual civilization, this Ordinance is enacted.
Institutions referred to in article II of this Ordinance refers to State for social welfare purposes, organised by the State or other organizations organized by the use of State-owned assets, engaged in education, science and technology, culture, health and other social services organizations.
    Law organized by the non-profit organization of public institutions must be independent accounting, in accordance with relevant State companies, business organizations, such as laws, regulations, registration of enterprises. Article institutions above the county level people's Governments at all levels and the departments concerned (hereinafter referred to as approval authority) approved establishment, shall be registered in accordance with the provisions of this regulation or for the record.
    Institutions should be qualified as legal persons.
    Fourth public institutions shall comply with the Constitution, laws, regulations, and State policies. Article fifth Agency and staffing agency is a member of the people's Government at or above the county level institution registration authority (hereinafter referred to as the registration authority) is responsible for the implementation of the institution's management of the register.
Authority for establishing government organizations at or above the county level shall strengthen the institutions of registration authority registration and administration of supervision and inspection. Administration of registration of institutions ' classification.
Grading and registration of specific measures prescribed by the Agency and staffing agency.
    Laws, administrative regulations on supervision and management of the institution otherwise provides, in accordance with the provisions of relevant laws and administrative regulations.
    Chapter II registration article sixth apply for registration of legal persons of public institutions, subject to the following conditions: (a) approved by the approving authority, (ii) has its own name, organization and premises, (iii) their business activities in China and (d) its operational activities funded; (v) the ability to independently assume civil liability.
    Article seventh apply for registration of legal persons of public institutions, shall be submitted to the registration authority the following documents: (a) the application for registration, (ii) the approval document of the approval authority, (iii) the site use right certificate (iv) funding sources, (v) other relevant documents. Article eighth registration administration organ shall, from the date of receipt of the application for registration in accordance with the provisions of this Ordinance in the 30th to review the decision to or not to grant registration to register.
Grant registration and issue the certificate of legal persons in public institutions; grant registration shall state the reasons.
    Registration of legal persons of public institutions include: name, residence, purpose and scope of business, legal representative, sources of funding (start-up funding), and so on. Nineth registered institution, with the engraved seal of the institution legal certificates, application to open a bank account.
    Seal design should be reported to the registration authority for the record in public institutions.
    Tenth institution registration need change, change registration shall be filed with the registration authorities.
11th law qualified as legal persons, since the ratification of the establishment shall acquire legal personality on the date of the institution, or laws, administrative regulations, qualified as legal persons, examined by the relevant authorities or registration, has obtained the appropriate license to practice and institutions, not to proceed with registration in public institutions, registered by the competent authorities in accordance with the classification provided to the registration authority management record.
    Institutions directly under the people's Government at or above the county level to establish directly the registration administration organ for the record.
12th record of institutions matters, in addition to the matters listed in the eighth article of the Bill should also include proof of licensing or approval document of the establishment.
    Registered institution, the registration administration organ shall, from the date of receipt of the filing certificate of legal persons in public institutions will be issued in the 30th. 13th institution revocation, dissolution, shall be filed with the registration authority for cancellation of registration or cancellation of registration.
Institutions before the cancellation of registration, should set up a liquidation organization under the guidance of the approval authority, and complete the work of settling its accounts. Institutions shall, from the date of liquidation in the 15th, to the registration authority for cancellation of registration.
    Institutions for cancellation of registration, revocation or dissolution shall be submitted to the institution's file and the settlement report; the registration authorities collect the certificate of legal persons in public institutions, and seal.
    14th institution registration, filing or change names, domiciles and cancellation of registration or cancellation of registration, the registration authority shall be published.
Chapter III supervision article 15th institutions operate in accordance with the relevant provisions of the State's legal income, must be used in accordance with the purposes and scope of business activities.
    Institutions receiving donations, subsidies, must conform to the institution's purpose and scope of business, must be in accordance with the donors, patrons at the prescribed time, and legitimate purposes.
    16th institution must implement relevant financial and price management system of the State, subject to taxation, auditing Department supervision.
    Article 17th institutions shall before March 31 of each year to the registration authority and approving organ on the annual report on the implementation of this regulation.
    Article 18th institutions not registered in accordance with the provisions of this Ordinance, registered by the registration authority ordered a replacement procedures fails to go through, recommended by the registration authority of the institution in charge and other direct liable persons shall be given disciplinary sanctions.
19th article institutions has following case one of of, by registration management organ give warning, ordered deadline corrected; plot serious of, by approval organ agreed, be revoked registration, collection institutions corporate certificate and seal: (a) not according to this Ordinance of provides handle change registration, and cancellation registration of; (ii) altered, and rental, and lending institutions corporate certificate or rental, and lending seal of; (three) violation provides accept, and using donation, and funding of.
    Violation of laws and other regulations of the institutions, the relevant authorities according to law.
    Article 20th staff at registration authority the registration of institutions in the management of the abuse their powers, neglect their duties, engages to constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.
    Fourth chapter supplementary articles article 21st of the institution legal certificate of the model developed by the Agency and staffing agency.
    22nd article of the Ordinance before the introduction of institutions had been established, and shall be implemented within 1 year from the date of this Ordinance in accordance with the relevant provisions of the regulations for registration or filing procedures. 23rd article of the regulations as of the date of promulgation.