Jiangxi Province Industry Association Management

Original Language Title: 江西省行业协会管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369165.shtml

Jiangxi province industry association management

    (December 7, 2011 Jiangxi Province Government 58th times Executive Conference considered through December 21, 2011 Jiangxi Province Government makes 194th, announced since February 1, 2012 up purposes) first article to specification Industry Association of organization and behavior, promote industry association health development, play industry association in economic construction and social development in the of role, according to State social groups registration Management Ordinance and about legal, and regulations of provides, combined this province actual, developed this approach.

Second industry associations within the administrative area of the province established, activities, and supervision and management of industry associations, these measures shall apply.

    Industry associations mentioned in these measures refers to economic organizations in the same industry (including self-employed) volunteer for maintaining common legitimate economic interests and industries, and self-regulation, legally registered non-profit social organization.

    Article industry associations must comply with the laws, rules, regulations and national policies, carrying out activities in accordance with the regulations and must not harm national interests and public interests.

    Fourth civil affairs departments above the county level people's Governments is the Trade Association of the registration authority and relevant departments in charge of industry in the people's Governments above the county level within their respective areas of responsibility in accordance with the trade associations provide professional guidance and supervision and management.

    Article fifth industry association established in accordance with national industrial classification standard, or according to the type of product, mode of operation, the type of operating processes and services set up.

Article sixth legally registered and operated continuously for more than two years, honesty and economic organization (including individual businesses) could serve as a sponsor initiated the establishment of the trade association.

    Conditions and procedures established by the industry associations, as well as change, cancellation of registration, in accordance with the provisions of the regulations on the registration of social organizations of the State Council Executive. Article seventh trade association membership.

    Industry organizations (including self-employed) recognized industry association, voluntary and agreed by the Council, can become members of the Association.

Article eighth Guild member enjoys the following rights:

(A) the present at a general meeting or Conference, participate in the activities of the Association, receive services provided by the Association;

(B) to vote and to stand for election;

(C) the right to put forward a motion, right to vote and to supervise;

(D) voluntary withdrawal;

    (E) the laws, rules and regulations, as well as other rights prescribed by the articles of the Association.

Nineth trade association members to fulfil the following obligations:

(A) compliance with the industry association;

(B) implementation of General Assembly resolutions or Congress;

(C) pay dues;

(D) maintain the legitimate rights and interests of the Association;

    (E) the laws, rules, regulations, and other obligations under the articles of Association. Article tenth by a General Assembly composed of all members of the industry association; more members, in accordance with articles composed of representatives elected members of Congress.

General meeting or Congress exercises the following functions and powers:

(A) formulate, modify articles;

(B) the election or recall of the President (Chairman), Vice President (Vice Chairman), the Secretary-General, directors, supervisors;

(C) develop standards, modifying contributions;

(D) the consideration of the Council, the work of the supervisor or the Board of supervisors plans, programme of work and financial budget and final accounts;

(E) consideration of the motion submitted by the directors and members;

(F) changes to the industry association, dissolution and liquidation of the resolution;

(VII) to alter or annul inappropriate decisions of the Council;

(VIII) other authorities prescribed by the articles. Convening of the general meeting or Congress, has more than two-thirds members or Member representative.

    Member or Congress resolutions of the General Assembly, on behalf of more than one-second or all members attending the meeting voted decided that the preceding paragraph (a), (f) and (g) of matters subject to represent more than two-thirds or all members attending the meeting voted. 11th trade association set up a Council. By the President of the Council (Governor-General), Vice President (Vice President), as well as directors, and elected by the General Assembly or Congress.

High numbers of Directors may have a standing Council.

Members for a term prescribed by the regulations, but a term of not more than five years, shall be eligible for re-election.

Accountable to the Member or members of the General Assembly on behalf of the Council, in accordance with the Statute and the resolutions of the General Assembly or Congress duties.

    Serving functionaries and reference to the personnel of the national civil service management according to law shall not be part-time in the industry associations; to part-time due to special circumstances, should be in accordance with the relevant provisions of the approval procedures of the State and shall not be eligible for part-time pay.

12th President of the industry association (Director) shall comply with the following conditions:

(A) working in this business for more than three years in a row, with the appropriate expertise and organizational skills;

(B) good social credit;

(C) health and age does not exceed 65 years;

(D) do not serve as legal representatives of other trade associations;

    (V) other conditions stipulated by laws, rules and regulations. 13th Trade Association Board of supervisors or supervisors, elected by the General Assembly or Congress.

President of the industry association (Chairman), Vice President (Vice Chairman), the Secretary, the Director shall not serve concurrently as a supervisor.

Supervisors for the articles, but a term of not more than five years, shall be eligible for re-election. Board of supervisors or the supervisor of the trade association business activities and implementation of financial management, oversight, and reporting to the General Assembly or Congress.

    The supervisors, the Executive Council meeting of the Council.

14th President of the industry association (Chairman), Vice President (Vice Chairman), the Secretary, the directors and the supervisor shall abide by the laws, rules, regulations and the articles of Association and loyal to their duties, safeguard the interests of trade association and abide by the following code of conduct:

(A) shall not be overstepping or abuse of authority;

(B) the terms should not be used to gain unfair advantage for themselves or others;

(C) shall not engage in activities harm the Association's interests.

    Industry association staff may not trade association engaged in on behalf of for-profit business activities. 15th trade association staff in the implementation of such a system.

Industry associations should enter into labor contracts with the hiring of a full-time staff, and pay social insurance premiums for them.

    Trade association dedicated a staff member claiming a qualification, in accordance with the relevant provisions title application, assessment of this province.

16th trade association sources of funding:

(A) membership dues paid by;

(B) income for services carried out within the provisions of the Statute;

(C) accept grants and donations;

(D) other legal income.

    Contributions according to the industry association provides services required for reasonable expenses and the capacity of members to determine membership criteria should be agreed by the general meeting or Congress of representatives of more than half, and submitted to the registration authority for the record.

17th trade association spending should comply with laws and regulations and the financial system, and industry-articles of Association of the Association.

In each fiscal year of the Association shall make a financial budget and final accounts report, submitted to the General Assembly or Congress examined and adopted, and in times of inspection according to law the registration authority for the record.

    Industry associations should accept members, supervisors, sponsors, donors to fund income and expenditure and financial accounting reporting queries and ensure that relevant information is true and complete.

18th industry associations should play a role of providing service, as needed, can engage in the following activities:

(A) industry statistics in accordance with its mandate, collect and release industrial information;

(B) in accordance with the relevant provisions of the State founded professional newspapers and Web sites, for economic and technological exchanges and cooperation;

(C) organizing talent, technology, management, regulation, training, legal, policy, technical, management and marketing consulting services;

(D) participating in industry certification, identification and promotion of new technologies and new products, and other related work;

    (E) in accordance with the relevant provisions of the State organized the various fairs and exhibitions in the industry.

Article 19th industry associations should play a role reflecting the demands of the industry, as needed, can engage in the following activities:

(A) conduct industry research, to appeal to government departments and related industries, members, industry development and legislation of the observations and recommendations made, participate in development of industry standards, industry development planning, industrial access conditions;

(B) involved in the coordination of foreign trade disputes, organizing its members to carry out anti-dumping, countervailing and safeguard investigations, complaint, complaints and other related work;

    (C) organizations protect the legal rights of Member activities.

Article 20th industry associations should play a role of standard industry code of conduct, as needed, can engage in the following activities:

(A) establishing self-regulation mechanisms, developing rules about, standardize self-management behaviors, coordinate membership, maintaining the order of fair competition;

    (B) promoting integrity, develop and organize the implementation of industry standards and norms of professional ethics, honesty and credit evaluation and assessment.

21st industry association may adopt the following behavior:

(A) the forced admission or discriminatory treatment between the members;

(B) violation of laws, rules and regulations and the articles of Association to membership fees or assessments;

(C) engaged in for-profit business activities or distribution industry associations in the Member's property;

(D) develop rules or by other means to monopolize the market, impeding fair competition to the detriment of consumers, non-member organizations (including individual businesses) the lawful rights and interests or public interests;

    (E) other behaviors prohibited by laws, rules and regulations.

22nd Trade Association for violation of the articles of Association and rules, unfair competition, harming the legitimate rights and interests of consumers or members of the interests of the industry as a whole, according to the Association, industry rules take warning, informed criticism, measures such as trade sanctions, expelled from membership; members of the illegal business, shall advise and assist the relevant departments to investigate.
Trade Association for the industry of illegal operation of non-member and individual, recommend to the relevant authorities to investigate and punish.

Members of the Trade Association's rules, industry self-regulation measures or disagrees with the decision, can draw attention to review industry association, according to the attention of the relevant government departments.

    Non-member and personally relevant measures damage the legitimate rights and interests of the Association, may request the Association to change also can be legally brought to the Government's relevant departments according to the lawsuit.

    23rd civil affairs departments above the county level people's Governments shall set forth the Guild organization operations, operations, personnel, finances and other periodic evaluations, and regular evaluation of the situation to the industry or the public.

24th civil affairs departments above the county level people's Governments shall establish and improve the system of supervision and inspection of the relevant industry associations, in discharging its oversight responsibilities.

Civil affairs departments in the people's Governments above the county level of the trade association when conducting supervision and inspection, according to the actual situation and the need to take the following measures, the relevant units and individuals shall cooperate with:

(A) requirements, industry associations and related personnel on documents, materials, financial accounts, and other related materials, and check out save, copy, or to be registered under the law;

(B) the industry associations and relevant personnel were asked for explanations and instructions;

(C) order the Association to stop violations of laws, rules and regulations;

    (D) to the competent business unit and the relevant authorities to deal with requests for advice and assistance.

25th Association has one of the following situations, warning by the registration authorities shall be ordered to correct serious cases, revoke the registration:

(A) not in accordance with the provisions of the Constitution of the scope of business activities;

(B) does not participate in the annual checks for two consecutive years, or for two consecutive years failed to pass the annual inspection;

(C) providing false information or concealing important facts of financial reporting;

(D) circumstances as provided in article 21st of this approach;

    (E) to reject or accept supervision and inspection not in accordance with the provisions of.

    Article 26th Industry Association President, Vice President, Director, supervisor and to employ a full-time staff privately, embezzlement, misappropriation of property of the Association and shall return and dispose of in accordance with regulations constitutes a crime, criminal responsibility shall be investigated according to law.

    27th civil administration staff are not the people's Government above the county level in accordance with the regulations on industry associations to perform supervisory and management functions, or abuse of power, dereliction of duty or engages, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law. 28th article of the rules take effect on February 1, 2012.