People's Government Of Guangdong Province, Guangdong Province, On Amending The Provisions On The Management Of Rural Collective Economic Organization Decision

Original Language Title: 广东省人民政府关于修改《广东省农村集体经济组织管理规定》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201308/20130800390323.shtml

People's Government of Guangdong Province, Guangdong Province, on amending the provisions on the management of rural collective economic organization decision

    (May 31, 2013 Standing Committee of the 12th municipal people's Government of Guangdong province for the 4th consideration by June 20, 2013, Guangdong provincial people's Government announced come into force on the date of promulgation, 189th) Guangdong provincial people's Government decision on the regulations on the management of rural collective economic organizations in Guangdong Province as follows: 11th article is revised as follows: "rural collective economic organizations and 3-7 Social Committee or Council and 3-5 people's Democratic fiscal Oversight Panel or Board of supervisors. A term of 3 years and 6 years, the specific term decided by the people's Governments above the county level shall be elected for a second term, but not cross appointment.

    ”

    This decision May 31, 2013, as of the date of promulgation.

    The rural collective economic organizations, Guangdong Province, corresponding changes in the regulations in accordance with this decision, republished.

    Report: management of rural collective economic organizations, Guangdong Province (2013 Amendment) (August 9, 2006 109th published the people's Government of Guangdong Province on May 31, 2013, Standing Committee of the 12th municipal people's Government of Guangdong province for the 4th consideration by June 20, 2013 189th promulgated by the people's Government of Guangdong Province as of the date of promulgation of the Guangdong Province, the Guangdong provincial people's Government to amend decision amended the provisions on administration of rural collective economic organizations)

    First in order to regulate the management of rural collective economic organizations, stabilizing and improving the rural household contract management as the Foundation, combines unified and separated the two-tier management system, safeguard the legitimate rights and interests of rural collective economic organizations and their members, in accordance with the People's Republic of China Constitution and the People's Republic of China agriculture law and other laws and regulations, combined with the province, these provisions are formulated. Article management of rural collective economic organization in the administrative area of the province, these provisions shall apply.

    Rural collective economic organizations for the company, these rules do not apply.

    Third rural collective economic organizations in these rules refers to the original production brigades and teams formed by people's communes, reform, reform, restructuring the formation of cooperative economic organizations, including economic co-operative societies, economic unions, economic cooperatives and joint stock cooperative economy head office, the joint stock cooperative economy, stock cooperative economy, etc. Fourth rural collective economic organizations in the township (town) or village organization under the leadership of the Chinese Communist Party, shall enjoy autonomy in conducting independent economic activities, and accept supervision by the people's Governments at all levels, the village Committee.

    Rural collective economic organizations practise democratic management by law elect or remove their managerial personnel and decides on major issues in the management of.

    V agriculture administration departments at all levels shall be responsible for the management of rural collective economic organization guidance, supervision and services and shall safeguard the legitimate rights and interests of the rural collective economic organizations and their members.

    Sixth article management of rural collective economic organizations shall collectively-owned assets of the Organization, any citizen, legal person or other organization shall be inviolable.

    Seventh rural collective economic organizations with the original people's commune is based, production brigades and teams, according to property right of collective land ownership and assets set.

    Rural collective economic organizations name into: Guangdong Province, County (city, district), town (Street, town) the economic co-operative societies; County of Guangdong Province (municipal and district), town (Street, town) Economic Union; County of Guangdong Province (municipal and district), town (Street, town) village economic cooperatives.

    Implementation of joint-stock cooperative system of rural collective economic organizations, its name into: Guangdong Province, County (city, district), town (Street, town) stock cooperative economy co-operative societies, Guangdong Province (municipal and district), town (Street, town) joint stock cooperative economy, Guangdong Province, County (city, district), town (Street, town) stock cooperative economy.

    Article eighth Statute of the rural collective economic organizations shall comply with the laws, regulations and regulatory requirements. Constitution of the rural collective economic organization by members of this organization that the General Assembly adopted without a vote.

    Association shall contain the following:

    (A) name and address;

    (B) purpose;

    (C) the assets of the Organization;

    (D) membership and its rights and obligations;

    (E) the formation and removal of managers;

    (F) the democratic decision making, democratic management, work and its rules of procedure, voting rules (including through the convening of the members of the General Assembly should vote on major issues, can convene a meeting of representatives of members vote on specific matters, on behalf of its members and its methods, such as the number of representatives to the Conference);

    (VII) income distribution system;

    (VIII) financial disclosure and regulatory systems;

    (I) the Constitution Amendment procedures;

    (J) other related matters. Nineth rural collective economic organization is a member of the Supreme authority of the General Assembly.

    All major issues concerning vital interests of the Member, must be submitted to the members of the General Assembly for discussion and decision. Rural collective economic organizations on specific issues of voting, through the convening of the meeting of representatives of the members in the form of. Meeting of representatives of members vote, the matter should be publicized for 5 days.

    1/10 objects to the members above have the right to vote, shall be submitted to the members of the General Assembly vote again.

    Meeting of representatives of members or members of the General Assembly to implement the "one person, one vote", or "one household, one vote" vote, determined by the Constitution. Tenth General rural collective economic organizations, there should be participation of more than half of the members of the Organization had the right to vote, or 2/3 per cent of the households of the organization represented, the decision shall be subject to staff by more than half of present.

    Meeting of representatives of members of the rural collective economic organization, 2/3 per cent of the members of the organization representatives shall participate in, decisions should be made by the meeting on behalf of at least 2/3. 11th rural collective economic organizations set up 3-7 people Board or Council and 3-5 people's Democratic fiscal Oversight Panel or Board of supervisors.

    A term of 3 years and 6 years, the specific term decided by the people's Governments above the county level shall be elected for a second term, but not cross appointment.

    Committee or Council, democratic financial management oversight group, or members of the Supervisory Board, by the members of the collective economic organizations or representatives of members elected by the General Assembly, and to elect the President and Vice President, Director and Deputy Director, the leader and deputy leader, supervisor and the deputy supervisor long.

    Collective economic organizations have the right to vote of the members of the 1/5 above or 1/3 per cent of the families of the deputies, may require the removal of incompetent and social Board or Council, democratic financial management oversight group, or members of the Supervisory Board; Board or Council shall on receipt of the dismissal of the motion within 60 days to organize members Assembly or meeting of representatives of members voting.

    12th the rural collective economic organizations shall perform the following duties:

    (A) the operation and management of land and other assets belonging to the members of the Organization;

    (B) the management shall be determined by the Organization to use all the resources of the State assets and other assets;

    (C) management of township (town) people's Government above the allocated grant funds as well as citizens, legal persons and other organizations donated assets and funds;

    (D) get the land contracting, transfer and other matters of collective assets management;

    (E) provide services for members of the Organization;

    (F) the laws, regulations, rules and other duties stipulated in this Constitution.

    13th rural collective economic organizations shall enjoy the following rights:

    (A) the collective ownership of land and other assets;

    (B) the operation and management of State-owned assets of the organization right, the right to rights and benefits;

    (C) conducting independent economic activities, management of Internal Affairs;

    (D) denial of illegal fees, assessments or funding;

    (E) other rights prescribed by law, rules and regulations.

    14th the rural collective economic organizations shall perform the following obligations:

    (A) compliance with laws, rules, regulations and the articles of Association;

    (B) the protection of collectively-owned and legally determine the collective use of the State-owned assets;

    (C) to all levels of government guidance and supervision of agricultural administrative departments;

    (Iv) asset and financial disclosure system, accept the rural collective economy Audit audit, accept supervision by the members of the Organization;

    (E) other obligations provided by laws, rules and regulations.

    15th member of the former people's communes and production brigades and teams, account remains in the seat of the rural collective economic organizations, to fulfil obligations imposed by the laws, regulations and articles of Association, are members of the rural collective economic organizations.

    Based on household contract management is based, and combination of unified and separated when the two-tier management system, children born to members of collective economic organizations, accounts located in collective economic organizations, and to fulfil obligations imposed by the laws, regulations and articles of Association, are members of the rural collective economic organizations.

    Based on household contract management is based, and combination of unified and separated when the two-tier management system, seat of the household move, move out of collective economic organizations of citizens, in accordance with the articles of Association, the economic and Social Committee or the Council reviewed and members of the General Assembly to vote to determine their membership laws, decrees, regulations and provisions of people's Governments above the county level, from its provisions.

    Members of the rural collective economic organization accounts written off, their membership cancelled accordingly; laws, rules, regulations and the articles of Association provide otherwise, from its provisions.

    16th the rural collective economic organization members enjoy the following rights:

    (A) shall exercise the right to vote, be elected and voting;

    (B) the right to collective property rights, access to the collective assets and shall be determined by the collective use of the State-owned assets operating earnings;

    (C) contracts for collective-owned land and other assets of the Organization;

    (D) public bidding for projects of collective economic organizations, has priority in the same condition;

    (E) supervise the management activities of collective economic organizations, suggestions and recommendations, check out Member or members on behalf of the General Assembly meeting minutes, financial and accounting reports;

    (F) the laws, regulations, rules and other rights under the Constitution.

    Article 17th member of the rural collective economic organizations shall perform the following obligations:

    (A) compliance with laws, rules, regulations and the articles of Association;

    (B) maintain the legitimate rights and interests of collective economic organizations;

    (C) to carry out household contract management;
(D) the laws, rules, regulations, and other obligations under the Constitution.

    18th the rural collective economic organization certificate is proof of identity of the rural collective economic organizations, County or no municipal free to rural collective economic organizations issuing certificates in particular by administrative departments in charge of agriculture. Certificates shall record the change of rural collective economic organizations should changes occur within 30th of agricultural administrative departments to apply the change.

    Agricultural administrative departments shall from the date of receipt of the application within the 30th settles change procedures.

    Style of the certificates of rural collective economic organizations in Guangdong Province, by the provincial departments of agriculture administration uniformly made.

    Article 19th rural collective economic organizations certificate of organization code certificate, in accordance with the relevant provisions in the Bank or any procedure such as opening an account of rural credit cooperatives.

    20th the rural collective economic organizations and Social Committee or Board is responsible for preparing the draft economic development plans, financial plans and nominated heads of subordinate economic entities, by the meeting of representatives of members or members of the General Assembly adopted without a vote.

    Committee or Board is responsible for the collective asset management, services such as resource development, coordination and management, and reporting to the meeting of representatives of members or members of the General Assembly on a regular basis.

    Article 21st rural collective economic organizations practise democratic supervision and auditing supervision system.

    Democratic fiscal Oversight Panel or Board of supervisors, based on articles and open system of financial management and accounting, audit and financial management activities and supervision.

    Rural collective economic auditing departments and township (town) people's government auditing supervision of rural collective economic organizations according to law.

    22nd merger, Division, dissolution of rural collective economic organizations shall be conducted by members of the General Assembly adopted without a vote, by the township (town) people's Government audit, not districts or municipal people's Government at the county level departments of agriculture administration.

    Merger, Division, dissolution of rural collective economic organizations, it shall clean up debts involving disposal of collective assets, members of the original collective economic organizations shall be subject to a vote of the General Assembly.

    Article 23rd collective economic organization and administration officials who abuse their powers, neglect their duties, through misconduct, as well as the Organization and its members ' legitimate rights and interests of other damages, by the competent administrative Department of the people's Government above the county level agricultural and township (town) people's Government or the relevant Department give warnings or recommendations to remove duties loss shall bear liability constitutes a crime, criminal responsibility shall be investigated according to law.

    Recommend his removal positions shall be in accordance with the procedures prescribed by the articles of collective economic organizations.

    24th article of any unit or individual level, embezzle, retain or dividing up the legitimate property of collective economic organizations and their members, illegal intervention in collective economic production and management activities of the Organization and its members, assessed on collective economic organization and its members, forced collective economic organizations and their members to accept paid services, resulting in economic losses of collective economic organizations shall be investigated for criminal responsibility constitutes a crime, criminal responsibility shall be investigated according to law.

    25th Street Office within the administrative area of the rural collective economic organizations, these provisions shall apply.

    The township (town) people's Government changed to the subdistrict office and after conversion to residents of the village Committee, the rural collective economic organizations apply the present provisions. 26th article this provision come into effect October 1, 2006 on May 16, 1990, issued by the provincial people's Government of the Guangdong Province, interim provisions on cooperative economic organizations in rural communities at the same time repealed.