Shantou Special Economic Zone On Social Organization Registration And Management Approaches

Original Language Title: 汕头经济特区社会组织登记管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369123.shtml

Shantou special economic zone on social organization registration and management approaches

    (March 15, 2012 Executive meeting of the Shantou City Government 5th through March 15, 2012 Shantou City Government announced the 136th since April 15, 2012) Chapter I General provisions

    First to standardize social organization, social organizations in social management and public services, the role of social welfare undertakings, in accordance with the relevant laws and regulations, combined with the Shantou special economic zone (hereinafter referred to as the SAR) actually, these measures are formulated.

    Article within the scope of these measures apply to the public welfare, charity, service, social organizations (hereinafter referred to as society organization) registration and management.

    Third social organization and management follows the principle of fostering development and specification management. 

Article fourth social organization should be in accordance with the laws, regulations and these regulations carry out activities and must not harm national interests, public interests and the legitimate rights and interests of citizens, legal persons and other organizations.

    Social organization may not engage in profit-making business activities. Fifth is the community public service organization registration authority, is responsible for implementation of this approach.

The district (County) within the Home Department is responsible for the administration of social organization registration and management work.

    Municipal, district (County) authorized by relevant departments and statutory organizations are operational guidance unit of social organization, in accordance with the operational supervision and guidance of the social activities of the organization.

    Sixth no unit or individual may unlawfully interfere with the normal activities of social organizations.

Seventh of municipal, district (County) Government should establish a social incubator for Al Qaeda, for community organizations to provide legal advice, operational policy guidance, cultivation, agency hatched and micro-financing and other support.

    Municipal, district (County) shall support the development of community organizations should be set up special funds to support community organizations organize projects such as public good, team-building, recognition of honest and law-abiding and have made outstanding contributions to the society. Eighth to encourage and support social organizations to participate in social management and public services.

People's Governments at all levels and relevant departments should gradually be civic, charitable, social affairs management and services and service functions transferred to social organizations according to law.

    Municipal, district (County) Government and related departments based on actual, competitive ways to have qualifications and conditions of social charity services organization purchased.

    Chapter II establishment registration

Nineth social organization should be registered with the local Civil Affairs Department to apply for registration or filing registration, can carry out its activities.

    In the same area, allows to set up two or more lines of business are the same or similar social organizations.

Tenth social organization, subject to the following conditions, you can apply directly to the local civil affairs departments registered:

(A) belong to social groups should have more than 20 members (including the units and individuals);

(B) has a canonical name, Constitution and the corresponding organizational structure;

    (C) its operational activities of the staff and a fixed office space; (d) a legitimate assets and sources of funding, membership of a social group, the registered capital shall not be less than 10,000 yuan; belongs to the privately-run non-enterprise unit, the registered capital of no less than 20,000 yuan belonging to urban and rural grass-roots organizations, registered capital of no less than 5,000 yuan.

11th to apply for registration of social organizations, in accordance with the following provisions:

(A) the sponsors or organizers to local departments of Civil Affairs proposed the establishment of a social organization of the written application, the Home Department shall within five working days from the date of acceptance of the application to be the establishment of a social organization to agree or disagree to the name approval; do not agree, shall state the reasons in writing;

(B) the sponsors or organizers by local civil affairs authorities agreed with the proposed name of social organization approved to carry out the preparatory work, which belongs to the social organization of social groups, shall, within six months of completion of the preparatory work, belonging to the privately-run non-enterprise unit of social organization, and shall, within one month of completion of the preparatory work;

(C) the sponsors or organizers to local civil affairs departments to present written application for registration of social organizations, and in accordance with the requirements to submit related materials; review the application materials for the Ministry of civil affairs departments, should be dismissed on the spot for compliance, and issue a written decision on the admissibility; on the application for registration does not comply with the statutory requirements or incomplete material, and shall be informed at once;

(D) the Department shall accept the application within five working days as of making decision on whether to approve registration, approval of registration, to be social organization registration certificate; approved, shall state the reasons in writing. Civil affairs departments to handle registration of social organizations, need to produce views as evidence of the approval of the authorities, should be completed in the 15th for comments.

    Comments within the time required is not included in processing time limit.

12th social organization registration the applicant shall submit the following materials:

(A) the application for registration;

(B) capital verification report;

(C) Office space used;

(D) the basic situation of sponsor or sponsor;

(E) the basic situation of the legal representative to be appointed, proof of identity;

(F) draft statutes;

(VII) social organization or an application form for the establishment of private non-enterprise units;

(H) social group inaugural meeting materials and Member roster; (IX) belong to the labour employment, education and training services for social organizations non-governmental school license training institutions belonging to social organizations that provide health services health-related license to practice;

Belonging to social organizations that provide services to the non-governmental social welfare agencies certificates belonging to provide education and training, pension, disability, rehabilitation of social organizations to submit certificate of fire safety, health safety;

    (10) other materials should be provided in accordance with law.

13th do not have registration conditions specified by article tenth of this approach, however, comply with the following conditions and normal activities of the urban and rural grass-roots organizations, directly to the area (s) of applying for registration:

(A) belong to social groups should have more than ten members (including the units and individuals);

(B) has a canonical name, Constitution and the corresponding organizational structure;

(C) its operational activities of the staff and a fixed office space;

(D) the registration capital of not less than 1000 Yuan;

The district (County) home departments shall, from the date of receipt of a registration request within five working days, consent issued by record or no record of submissions not recorded, shall state the reasons in writing.

    Registration of urban and rural grass-roots organizations have been developed, in line with article tenth of the registration conditions set forth in these procedures, should be registered.

14th social organization, one of the following circumstances, registration shall not be approved for registration or filing: (a) application of social purposes of the Organization, scope of business, do not meet the requirements of the laws, rules and regulations;

(B) the applicant had been subjected to criminal punishment of the deprivation of political rights, or does not have full capacity for civil conduct;

(C) at the time of application for registration or the registration fraud;

    (D) it has other circumstances prohibited by laws and regulations. 

    15th social organization with its registration certificate shall be applied for engraving stamps, open a bank account, and seal pattern and bank account to submit the social organizations registered with the Civil Affairs Department. 16th belonging to social groups and social organizations to set up branches, representative offices, shall be filed with the registration of social organizations Civil Affairs Department submitted the relevant branches, representative name, scope of business, Office premises and the main person in charge of the files, apply for registration. Branches, representative offices are part of the social organization, does not have legal personality.

Branches of social organization may not set up branches.

Belonging to social groups and social organizations shall be established as branches of the domain name.

    Belonging to the social organization may establish branches of private non-enterprise units.

    Chapter III registration, cancellation of registration

17th social organizations for the purposes of registration or filing matters need to change shall be from the date of change in the 30th, with the original registration or filing an application to the civil affairs departments registered or change the record.

    An application to social organization or changes its registered items belonging to laws and regulations required by the relevant departments or organizations authorized by the legal predecessor of administrative examination and approval, shall be subject to the relevant department or the authorized organization approving an application for consent to the alteration or change the record.

18th social organization, one of the following circumstances, shall be filed with the registration or filing of civil affairs departments registered to apply for cancellation of registration or cancellation of registration:

(A) completion of the social purpose of the articles of association or articles of dissolution occurs;

(B) dissolution;

(C) the Division or merger;

(D) the laws, rules and regulations should be written off; 

    (E) termination due to other reasons. Article 19th social organization prior to the cancellation of registration or cancellation of registration, should be in the original registration or filing Civil Affairs Department and the relevant departments under the guidance of established settlement organizations, and complete the work of settling its accounts.

    During liquidation, a social organization may not engage in activities other than liquidation.

Article 20th social organizations shall from the date of liquidation in the 15th, to the registration or filing of civil affairs departments registered to submit application for deregistration or cancellation of applications for registration and liquidation report for cancellation procedures. 

    Original granted registration or filing civil society organizations the cancellation of registration or cancellation of registration shall be issued a cancellation of certificate files, collect the social organization registration certificate, seal and financial credentials.

Article 21st social organization to revoke its own branches, representative offices, shall from the date of revocation in the 30th, to the civil affairs departments registered to apply for cancellation of registration.

    Cancellation of social organization, their own branches, representative offices and log off.

    Supervision and administration of the fourth chapter

22nd civil administration shall perform the following functions of supervision: (a) is responsible for the establishment of social organizations, modification and cancellation of the registration or filing;

(B) community organizing the implementation of annual inspection and (iii) assessment of social organization; 

    (D) to supervise the daily activities of social organizations checks, administrative penalties violations of social organization. 
Article 23rd departments and statutory duties supervision of authorized organizations shall perform the following operations:

(A) management of social organizations in the industry, through advice, information, development-oriented policy to guide social organizations to carry out activities, (ii) through the transfer of functions, funding, purchase of services, to support social development and (iii) on matters related to administrative examination and approval of the Department for oversight management of private non-enterprise units;

(D) to assist the departments of Civil Affairs and other relevant departments investigate and deal with violations of social organization;

(E) assist in the liquidation of the departments of civil affairs guide social organizations.

    Authorized by relevant departments and statutory organizations to perform operational duties of supervision and guidance, not to have social organizations free of charge.

Article 24th social organization's assets must be from legitimate sources, no unit or individual may appropriate, distribute or redeployment of assets from social organizations.

    Social activities for the articles of organization, in accordance with the relevant provisions of the State's legal income, business activities must be used for the articles.

25th accepting property donations, financing of social organization must comply with the provisions of the Constitution the purpose and scope of business, must be in accordance with the donors, patrons at the prescribed time, and legitimate purposes.

    To the civil society organizations shall promptly report, use of donations, the financing of property, and to the public. 

Article 26th social organization must follow the State financial management system, accept financial inspection and supervision in the financial sector; sources of assets belonging to the State appropriations or public donations, funding, should be subject to auditing by the auditing departments.

    Society organizations change or replace your legal representative, head of unit, should be informed of Department home the 15th to submit audit reports.

27th social organizations to hire full-time staff, it shall enter into labor contracts or employment contracts.

    Social organization staff wages and insurance benefits and equal treatment in the labour contract or employment contract provisions.

    28th State personnel may not serve concurrently as social organizations in leadership positions.

    Article 29th social organization should be subject to annual inspection of the Home Department, and reported an annual inspection report before June 30 of each year.

    The fifth chapter legal liability

Article 30th social organization, one of the following circumstances, be revoked by the civil affairs departments registered:

(A) does not comply with the provisions for registration or the registration conditions, falsification of obtaining registration;

(B) registration or does not within one year from the date of registration activities;

(C) in line with the cancellation conditions as provided herein, but refused to cancel its procedures;

(D) the accumulated two years or three years in a row without inspection; 

    (E) for two consecutive years failed to pass the annual inspection.

31st article social organization has following case one of of, by home sector be warning, ordered corrected or stop activities, and can ordered replaced about responsibility personnel; plot serious of, be revoked registration: (a) altered, and rental, and lending social organization registration certificate, or rental, and lending social organization seal of; (ii) beyond articles provides business range for activities of; (three) not according to this approach provides accept supervision check of;

(D) fails to register such changes as provided herein;

(E) permission to set up branches, representative offices;

(Vi) engage in profit-making business activities;

(VII) encroach upon, privately divide, misappropriated social organizational assets or accept donations, funding or property; (VIII) violation of the relevant provisions of the State fees or raise funds or accepted, use the donation, funded property.

    Prescribed in the preceding paragraph have illegal business or the illegal income shall be confiscated, and a fine of less than 5,000 yuan and 30,000 yuan.

    32nd article without registration, on behalf of the social organizations activities without authorization, and revoked the registration of social organizations to continue activities on behalf of the social organizations, be banned by the civil affairs departments, confiscation of illicit assets constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 33rd social organization in violation of other laws, rules and regulations, the relevant administrative authorities according to law.

    34th Civil Affairs Department and other relevant departments and organizations and their staff members in violation of the provisions of the statutory authority, abuse of power, negligence, malpractice, and managers directly responsible and other persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles 35th article of the approach referred to in public, charity, service refers to the commitment of social organization-oriented society, community and social development, social management and public services, charitable services, nonprofit, public and voluntary characteristics such as social groups, private non-enterprise units.

Its scope of business includes:

(A) the society of old saved the orphan, rescue and rehabilitation of persons with disabilities;

(B) in kind assistance, volunteer volunteering charity event;

(C) for employment and education and training, science and technology, social science research, environmental protection, culture, health, sports and other public utilities, as well as activities such as marriage and funeral services.

    Urban and rural grass-roots organizations mentioned in these measures refers to the urban and rural area for activities to meet urban and rural grass-roots village (neighborhood) for the purpose of the different needs of people from urban and rural grass-roots village (neighborhood) free set up or participate in civic, charitable and service social organization. 36th article of the rules as of April 15, 2012.