Administrative Measures For The Registration Of Social Groups In Hebei Province

Original Language Title: 河北省社会团体登记管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201007/20100700257666.shtml

Administrative measures for the registration of social groups in Hebei province

    (February 10, 2010 52nd Executive meeting of Hebei province by people's Government of Hebei province, February 11, 2010 [2010] released 1th come into force on April 1, 2010) Chapter I General provisions

    First law guaranteeing citizens ' freedom, regulating behaviors of social groups, promote the healthy development of the society, under the society Registration Ordinance (hereinafter referred to as the regulations) and the other relevant regulations of the State, combined with the facts of the province, these measures are formulated.

    Second these measures shall apply to the registration and administration of social organizations in the administrative area of the province.

    Third civil affairs departments above the county level people's Government was the people's Governments at the corresponding level of social organization registration authority, is responsible for the registration and administration of social organizations according to law. Relevant departments under the people's Governments above the county level and above county level organization authorized by the trade, discipline or social groups within the business scope of business unit in charge of operational guidance and management of social groups according to law, and assist-level civil affairs departments to implement the registration and administration of social organizations.

    Organizational mandate authorized by the people's Governments above the county level for a period of 5 years.

    Finance, taxation and industrial and commercial administration and the quality and technical supervision and other departments concerned shall, according to prescribed duties, assist-level civil affairs departments to implement the registration and administration of social organizations.

    Fourth the registration and administration of social organizations implemented the competent business unit and the Civil Affairs Department of double charge management system.

    Fifth people's Governments above the county level shall strengthen leadership on social organization registration and administration, shall encourage and support social organizations development, standardizing, guiding the behaviour of social groups, in support of its activities in accordance with law, and coordinate social groups in the development of major issues in a timely manner. Sixth social groups can be established and adapted to its purpose of Corporation or unincorporated business entity.

    Established by the use of State-owned assets investment, it shall be reported to the Finance Department for approval.

    Community groups to set up Corporation or unincorporated business entity, shall be submitted to the Home Department.

    Chapter II jurisdiction

    Seventh of the registration and administration of social organizations in the province, by the provincial Civil Affairs Department districts municipalities and counties (cities, districts) the registration and administration of social organizations, separately by the city divided into districts, counties (cities and districts) the Home Department, street of the registration and administration of social organizations in villages and towns, counties (cities and districts) the home departments.

    Article eighth TRANS-the registration and administration of social organizations, jointly by TRANS-level civil affairs departments.

    Nineth district departments, business units and social groups under the jurisdiction of domicile is not one place, principal domicile of the social groups of civil affairs departments, head of unit responsible for supervision and administration of the terms of reference.

    The client department or unit shall issue a power of attorney to delegate matters, and the client department, commissioned by the entity liable within the scope of administrative acts.

    Chapter III establishment registration

    Tenth applications to set up community groups sponsor should be no less than five people; as the initiator shall be not less than three; individuals and organizations acting as sponsor shall be not less than five.

    11th article the names of social organizations must comply with the following requirements:

    (A) social business scope, geographical distribution and activities of members of the Group;

    (B) have been registered with the name of the society was markedly different;

    (C) cancellation, revocation shall not be used for less than 3 years of social groups or outlawed organization name;

    (D) the named of the academic society of social groups or society, society with the industrial associations, industry associations, trade association or Chamber of Commerce named, professional social organizations named for association or Foundation, joint social organization named for Federation or association;

    (E) the other relevant provisions of the Ordinance.

    Section 12th for establishing social organizations, the sponsor should submit the following materials to the Ministry of civil affairs:

    (A) the sponsor of preparations for the signing of applications;

    (B) agreed on the setting up of social organizations issued by the competent business unit files;

    (C) capital verification report issued by an accounting firm;

    (D) place right of use or ownership of the certificate;

    (E) the sponsor, the prospective principal and identity;

    (Vi) reference published by the Civil Affairs Department under the State Council regulation model text on the drafting of the draft statutes of the social groups.

    13th the initiators shall receive the competent business unit agreed to prepare for the establishment of social groups within 3 months from the date of the file, application to the civil affairs departments to set up community groups who fails to make an application to the civil affairs departments, signed by the competent business unit shall be obtained again agreed to prepare for the establishment of social groups of files.

    14th district after the Department accepts applications for setting up social organizations, shall receive all available materials made within 60 days from the date of approval or disapproval decision, with written notice to the promoter and the competent business unit; approved, shall state the reasons in writing.

    15th social groups preparatory bodies should be since the date of the preparatory departments of Civil Affairs approved the establishment and convening general meetings or Conference within 6 months, through the Charter of this organization, elected Heads of executive agencies, and the legal representative.

    General meeting or Congress should have more than two-thirds members or member's representative to attend the meeting and of its resolutions shall be approved by the members present members or members represent more than half of the vote.

    16th preparatory bodies for the social groups within the deadline for convening general meetings or of members of Congress, civil affairs departments should be made to withdraw the decision to prepare for the establishment of community groups.

    Preparatory body received the Home Department revoked the permission to set up community groups after the decision, should be stopped at the preparatory activities. After discontinuation of preparatory activities, shall promptly return to raise the money and other property.

    Unable to return, and turned over to the civil affairs departments according to law.

    Article 17th after finishing preparations for the establishment of a social group, the preparatory body should submit the following materials to the Ministry of Civil Affairs, application for registration procedures for community groups to set up:

    (A) the application for registration of establishment;

    (B) issued by the competent business unit agreed to set up a social group of files;

    (C) the regulations adopted by the general meeting or Congress;

    (D) a list of members of the Council, the Executive Council and membership lists;

    (V) other materials stipulated by the provincial Civil Affairs Department.

    18th Civil Affairs Department after receiving the materials submitted by the preparatory body, it shall be reviewed, to meet the conditions of issuance of certificate of registration of the corporate social groups; do not meet the conditions, and shall state the reasons in writing. 19th social groups can set up branches, representative offices in accordance with law. Name of the branch or representative office shall be preceded by the group name.

    Canonical name for the Professional Committee of the branches, branch or Committee; the canonical name of the representative office for the representative office, liaison office or offices. 20th social groups can act according to the Constitution provides for the establishment of institutions.

    Set up an Office, shall be subject to approval the competent business unit, and report to the Department of Civil Affairs for the record.

    The fourth chapter registration and cancellation of registration

    21st social groups need to change name, domicile, the purpose, business scope, activities, geographical, legal representative, activities, funding, business units, branches, representative offices, name, residence, business scope and principal persons in charge and other items, shall after approval by the competent business unit, application to the civil affairs departments for registration of changes, changes for the record (hereinafter registration).

    22nd community groups can apply for registration of changes, shall submit to the Ministry of Civil Affairs, the following materials:

    (A) the application for registration of change signed by the legal representative;

    (B) the Council or an Executive Board resolution on the change;

    (C) agreed to change the document issued by the competent business unit;

    (D) the society changes as required to fill in registration form.

    Social groups changes the following matters, except in accordance with the provisions of the preceding paragraph, but also related materials shall be submitted in accordance with the provisions of this paragraph:

    (A) changing the name, submit a revision draft of articles of, financial audit reporting, and credit and debt certificates;

    (B) changes its domicile and submit the certificate of ownership or the right of the new residence;

    (C) change of purpose, business scope and activity area, submit a revision draft of articles and modify the description of the regulation;

    (D) change of legal representative, financial audit report and the basic situation of the legal representative to be appointed, proof of identity;

    (E) the change activities, submit capital verification report issued by an accounting firm;

    (F) change of competent business unit and submitted to the head of new social groups and the original agreed to change the document issued by the competent business unit;

    (G) change of branch offices, representative offices, submit changes after the name, residence, business scope, key principal and identity proof and contact information and other materials.

    Article 23rd social groups should be according to the provisions of the Constitution term, re-elected the head of Council, the Executive Council and, and since re-elected within 30th of the relevant Conference resolutions, the new head of the basic situation and identity and financial audit reports, reported to the competent business unit and the Home Department. 24th handling changes after registration, community groups should be timely replacement of the certificate of legal registration of social groups.

    Which changes its name, shall be replaced by the regulation of social groups for seal, bank account name and organization code certificate.

    Article 25th social groups of the article 21st of the circumstances prescribed in the regulations, shall, upon completion of the liquidation in accordance with law, apply for cancellation of registration, cancellation for the record to the Home Department (hereinafter referred to as cancellation of registration). Article 26th before social group for cancellation of registration shall be made to the quality and technology supervision departments and banks go through relevant procedures.
Of establishing corporate social groups, in front of the cancellation of registration should also ask the Administration for industry and Commerce and the tax department to handle the relevant procedures.

    Article 27th social groups can apply for cancellation of the registration shall submit to the Ministry of Civil Affairs, the following materials:

    (A) the application for deregistration signed by legal representative;

    (B) as stipulated in the regulations on the application for cancellation of registration, held meetings;

    (C) the review document issued by the competent business unit and liquidation report;

    (D) as required to fill the social group cancellation of registration form.

    28th community groups set up branches, representative offices of, it should be decided by the Council or the Executive Council, after approval by the competent business unit, to the Home Department for registration in the 30th, and turned over to community groups branch branch or seal of the representative body and the social groups (representatives) certificate of registration.

    Article 29th social groups cancelled or canceled the remaining assets after the by-laws dealt ambiguities in the Statute, decided by the competent business units to finance the professional authority for other social groups or sponsoring relevant public welfare undertaking.

    Social groups after they log off or canceled the remaining State assets should be dealt with according to law.

    Social groups after they log off or canceled the remaining property, no unit or individual may appropriate, distribute or diverted to any other use of the contravention.

    Article 30th social groups and their branches after they log off or canceled, and its former executives may not apply again with the same purpose as sponsors set up the same, similar social groups or branches.

    Supervision and administration of the fifth chapter

    31st civil affairs departments in the management of social organizations registered shall perform the following functions of supervision:

    (A) is responsible for the establishment, modification and cancellation of the registration of social organizations or record;

    (B) the annual check of the social groups;

    (C) social groups in violation of the Ordinance and these rules of conduct supervision and inspection, and shall be subject to administrative penalties.

    Article 32nd competent business unit shall determine the bodies or persons responsible for the management of specific social groups, and social groups to fulfil their duties of supervision and management of the following:

    (A) the supervision and guidance of community groups to comply with laws, rules, regulations and national policies, according to the articles of association activities;

    (B) is responsible for preparations for the application of the social group, to set up registration, Reregistration and cancellation of registration prior to review;

    (C) under the authority of the people's Governments at the corresponding level, financial supervision and management of social groups, assets, personnel management and foreign exchange, donations and other activities;

    (D) annual inspection of first instance responsible for social groups;

    (E) to assist the departments of Civil Affairs and other relevant departments to investigate the illegal activities of social organizations;

    (F) the liquidation of social groups, in conjunction with relevant departments. Article 33rd social groups can only open a basic deposit account at a bank.

    A basic deposit account can only be used for the Group's business activities within the scope of receipt and payment and cash withdrawal, you may not rent, lend, or transfer to other units or individuals to use.

    34th society contribution standards, modified, it should be discussed by the Member or members of the General Assembly on behalf of, and with the Member or members present at the meeting on behalf of more than half of the vote.

    Social organizations charge a membership fee, you should use the finance sector, society dues receipt produced by the Home Department.

    35th society should be required to submit an annual report on the work of civil, subject to annual inspections.

    Annual checks of the society shall not be charged. 36th State organ as the County (Department) level cadres may not serve concurrently as social groups above the head.

    To part-time due to special circumstances, should be in accordance with the official management powers to declare, upon approval, and shall not be eligible for part-time pay.

    The heads of social organizations of the provisions of the preceding paragraph, including President of the society (Chairman, President), Vice President (Vice Chairman and Vice-Chairman), the Secretary-General, Club President (Chairman), Vice President (Vice Chairman), not including the honorary office, Executive Directors and directors.

    37th societies shall establish a sound financial management system, according to the provisions of financial accounting, and accept supervision by the civil affairs departments, financial departments and audit bodies.

    The sixth chapter legal liability

    Article 38th District authorities and operational units, one of the following circumstances, directly responsible to the person in charge and other direct liable persons shall be given disciplinary action:

    (A) according to the provisions of the terms and conditions apply for society registration, filing and related reviewed procedures;

    (B) does not perform the duty of supervision and management of social groups;

    (C) social groups in violation of the regulations and practices of these measures to be dealt with according to law;

    (D) other acts of dereliction of duty, abuse of authority or engages in.

    39th in violation of paragraph II of this article 16th, 21st, 29th and 35th in the third paragraph of the rules specified in the first paragraph, by the Home Department pursuant to the provisions of the Ordinance and the relevant regulations will be punished.

    40th disobey article sixth, 16th, 23rd and 28th in the third paragraph article, be warned by the Home Department, a rectification; fails, fined 500 Yuan more than 1000 Yuan fine.

    The seventh chapter by-laws 41st these measures shall come into force on April 1, 2010.