Administrative Measures For The Association Of Industries In Urumqi

Original Language Title: 乌鲁木齐市行业协会管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201007/20100700257659.shtml

Administrative measures for the Association of industries in Urumqi

    (February 24, 2010 the city of Urumqi municipal people's Government at the 23rd Executive meeting April 12, 2010 the 102th promulgated by the people's Government of Urumqi as of June 1, 2010) Chapter I General provisions

    First to promote healthy development of the industry associations, regulate the industry association, organization and behavior, protect legal rights association, according to the regulations on the registration of social organizations of the State Council and the relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article II trade associations in these measures refers to being legally registered establishment, made up of voluntary economic organizations in the same industry, and industries, and self-regulation of nonprofit community groups.

    This approach applies to this article, industry associations within the administrative area of the establishment, supervision and administration.

    Fourth of municipal, district (County) home sector is the Trade Association of the people's Governments at the corresponding level registration authority (hereinafter referred to as the registration authority).

    Municipal, district (County) Government administrative departments and organizations authorized by law, is a business unit in charge of the relevant industry associations (hereinafter referred to as the competent business unit).

    Registration authorities and competent business unit shall, in accordance with the rights and responsibilities, do a trade association management.

    Article fifth trade association shall comply with the provisions of the laws, regulations and rules, and must not harm the interests of the State and social public interests.

    Industry associations in accordance with the laws, regulations, rules and regulation activities are protected by law, and no organization or individual may illegally interfere.

    Chapter II registration Sixth city-wide industry association or trans-regional (County) Association, registered by the registration administration organ shall perform the administrative duties.

    In the district (County) Association operating within the administrative areas, by the district (County) registration administration organ shall perform the registration of management responsibilities.

    Article seventh industry associations may be established according to the current national industry or product classification standard or established pursuant to the mode of operation, operating processes and services.

    Shall be repeated to set up business in the same area the same or similar to the trade association.

    Established by article eighth trade association shall meet the following conditions:

    (A) there are more than 30 units or 50 per cent of the individual members; composed of mixed units, and individual members, the total number of members shall not be less than 50;

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

    (C) have a fixed office space;

    (D) its operations full-time staff;

    (E) a legitimate assets and sources of funding and activities of more than 30,000 yuan;

    (F) ability to bear civil liabilities independently.

    Nineth Trade Association names must conform to the following provisions:

    (A) business and industry associations, members, activities, geographical distribution is consistent, accurately reflect industry characteristics;

    (B) revocation of industry associations or the banned organization's name shall not be used for 3 years;

    (C) significantly different from the name of the registered association;

    (D) compliance with the provisions of the Community regulations on group registration other requirements.

    Article tenth industry association established the registration process in accordance with the provisions of the regulations on the registration of social organizations of the State Council Executive.

    11th registration authority may hold hearings, to apply for established industry association the necessity, purpose, business scope and related economic organizations will conduct a hearing.

    After 12th Industries Association, needs to set up branches, representative offices or need to apply for registration, cancellation of registration, after review by the competent business unit, to the registration authority to go through registration formalities according to law.

    13th trade associations in the establishment, cancellation or change of name, domicile, legal representative, the registration authority shall be published.

    Chapter membership and organization Article 14th trade association membership, in the same industry in different ownership forms, different scale of economic organizations, individual businesses, close relationship with this industry or other economic organizations, research institutions and citizens have equal right to join trade associations; cross-industry or have two or more kinds of products, mode of operation, operating, service features, were added to the appropriate industry associations.

    Specific admission conditions and procedures prescribed by the industry association. 15th industry association should be for membership and rights and obligations made clear and specific provisions to ensure equality of rights and obligations of members.

    Any Member may make use of business scale and market share advantage, deprivation or restriction of the legitimate interests of other members. 16th trade association composed of members members of the General Assembly. More members, composed of representatives elected by the members of Congress.

    Member or members of the General Assembly on behalf of the industry and the Supreme authority of the Association, its terms of reference determined by the regulations.

    17th General meeting or Conference of 2/3 per cent of the Member or members represented in order to convene, subject to the present resolution member or members represent more than half the vote before it can take effect. 18th Association set up a Council. Council democratically elected by the General Assembly or Congress.

    As a member of the Council or members of the General Assembly on behalf of the implementing agency, responsible for the Member or members of the General Assembly on behalf of, and in accordance with the Statute of the Association and the Member or members of Congress resolutions of the General Assembly to perform his duties. Director of more than 30 people, Executive Board of Executive Directors may elect, from among its members.

    Executive Council the Council is responsible for, in accordance with the articles of Association and the resolutions of the General Assembly or the Assembly of members responsibilities.

    Council of the 19th, by the President of the Executive Council (Chairman), Vice President (Vice President), directors or managing directors. 20th meeting by the President of the Council, the Executive Council (Chairman) presiding.

    President (Governor-General) when for any reason is unable to attend the meeting, should be determined by the authority or Council, the elected Vice President of the Executive Council (Vice President). 21st Governing Council, Executive Council Industry Association Conference.

    For each Member or Executive Director shall have one vote.

    Council or the Executive Board of 2/3 more than Director or Executive Director to attend in order to convene, subject to the present resolution directors or Executive Director of the 2/3 above will be effective without a vote. 22nd except as otherwise prescribed by regulation of the industry association, President (Director) is the legal representative of the Association.

    President shall comply with the following conditions:

    (A) in familiarity with industry, organizations with appropriate knowledge and skills;

    (B) no bad credit record;

    (C) the lack of criminal punishment of the deprivation of political rights;

    (D) not act as legal representatives of other social groups;

    (V) other conditions stipulated by laws and regulations. Article 23rd Association Secretariat, permanent offices of the Association for the industry.

    Work of the secretariat under the leadership of the Secretary-General, responsible for handling the day-to-day affairs of the Association. The Secretary-General may by way of election, appointment or public hiring to determine.

    The Secretary-General to attend the meetings of the Council or the Executive Council. Article 24th Association Board of supervisors. Smaller members of industry associations may not Board of supervisors, only supervisors. Supervision the Member or members shall be elected by the General Assembly.

    Number of supervisors from statute of Association.

    Board of supervisors or the supervisor is responsible for overseeing the industry association's business activities and financial management and supervisors to attend the meetings of the Council or the Executive Council.

    Members and the Secretary General of the Council, the Executive Council shall not serve concurrently as a supervisor.

    25th President of the industry association (Chairman), the Secretary-General, the supervisor shall not be produced from the same Member.

    Association of permanent offices should gradually promote specialization and professionalization of staff.

    The fourth chapter function

    Article 26th industry associations exercising representative functions in the following industries:

    (A) on behalf of the industry industry statistics, surveys, participate in administrative decisions involving industry arguments to the Government departments and related administrative matters related to industry interests, relevant legislation as well as related technical specifications, industry development planning, and advice and recommendations;

    (B) on behalf of the Association to carry out collective bargaining, made observations and recommendations involving the interests of the industry;

    (C) participate in or organize members to participate in anti-dumping, countervailing and safeguards should be litigation and appeals.

    27th industry association to exercise self-regulation of the following functions:

    (A) implementation of the industry-related laws, rules, regulations and related policies;

    (B) establish a self-discipline mechanism, improve the self-discipline management system, establish trade credit evaluation system;

    (C) develop and implement industry ethics and the quality, technology and service standards;

    (D) promoting the implementation of national standards, industry standards or local standards.

    28th trade association services the following industries:

    (A) Guide, to help members improve their business management;

    (B) training and provision of advisory services;

    (C) assist members to develop and implement corporate standards;

    (D) the collection, release industrial information, promotion of products or services;

    (E) checks carried out in accordance with the relevant provisions, industry rankings and market assessments;

    (Vi) was commissioned by the Government to undertake, or according to the market and organized exhibition industry development and investment promotion activities;

    (VII) public service platform construction industry, domestic and foreign economic and technological exchanges and cooperation;

    (H) the articles of other activities to promote the industry.

    Article 29th Association exercise of the coordination function of the following industries:

    (A) coordination among members, and between members and non-members, members and consumers in production and operating activities generated by controversy;

    (B) coordinating the industry association and other industry associations or organizations;

    (C) the communication links between the industry and Government and administrative departments, to assist the Government and related departments to carry out management work;
(D) coordination of price disputes between members, and to maintain fair competition.

    30th trade association members the following behavior should be stopped, and may be taken in accordance with the provisions of the Constitution notification, removal of warnings, disciplinary measures, such as:

    (A) violation of laws, rules and regulations and the provisions of the Constitution;

    (B) provide products, service not up to quality standards and service standards;

    (C) acts of unfair competition;

    (Iv) prejudice to the legitimate rights and interests of consumers or others, against the image of the industry as a whole.

    Guild members in the production and operation of offence, shall advise and assist the relevant administrative departments according to law.

    The fifth chapter funds and financial management

    31st trade association through membership fees, donations or financing, service income and other legitimate ways to raise funds.

    32nd industry association should be based on their own business, Member of the working costs and operating conditions and other factors of production, determines the fee standards.

    Contributions to standards adopted should be considered by the General Assembly or Congress.

    Article 33rd Association shall implement the financial management systems established by the State.

    Executive Council should regularly inform the members of the Council or Assembly or the Congress announced revenue and expenditure of funds, and to report to the competent business unit and the registration authority, accept supervision and inspection.

    Industry Association to cancel the registration, change of legal representative and prior to the general election, it shall perform the audit. 34th article Guild funds should be used for articles of purposes and activities within the scope of business, shall not be assigned to members.

    Trade Association members to quit or be removed shall not be required to refund the money paid for fees and funding, donated property.

    No unit or individual may appropriate, distribute or misappropriate the Trade Association's legal assets. 35th Association shall accept donations, financing should be consistent with the provisions of the Constitution the purpose and scope of business, in accordance with donor and sponsor at the prescribed time, and legitimate purposes.

    Industry associations should be reported to the competent business unit received, use the donation, funded by the situation, and the situation should be announced to the public in an appropriate manner.

    Article 36th upon termination of the Association, shall, in the competent business unit and set up a group under the guidance of the relevant departments, the liquidation. Members of the liquidating Committee appointed by the Governing Council or the Executive Council; cannot be selected, specified by the registration authority or the competent business unit.

    Liquidation expenses paid from the Association property.

    During liquidation, new industry associations may not engage in business activities.

    Sixth chapter promotion and protection

    37th Government and other government agencies shall, in accordance with relevant regulations of the State, industry association, and the development needs, formulate preferential policies to encourage, and support Guild activities independently, provide convenience for Association work.

    Industry associations to carry out activities need to be supported by the Government or the Administration, the Government or the relevant administrative departments should actively support in the terms of reference.

    Article 38th government development of the industry and the relevant government departments in the development of major policies, measures, must be heard and seek the views and suggestions of relevant industry associations.

    Industry Association by the Government or relevant administrative departments entrusted to carry out business activities or the provision of services, the Government and the relevant administrative departments shall pay the appropriate fee.

    39th Government and the relevant government departments should protect the autonomy of the Association, may interfere in the Trade Association's agencies, personnel, assets, financial and other matters.

    40th industrial associations shall conclude a labor contract with hiring full-time staff, in accordance with the relevant provisions for insurance professionals.

    Industry associations have declared the full-time staff of the professional and technical qualifications, may participate in accordance with the relevant provisions of titles.

    Supervision and administration of the seventh chapter

    41st registration authority and the competent business unit shall establish and improve the system of supervision and inspection of trade associations, to investigate and punish violations, supervision and inspection of the situation to the public. The registration administration organ shall, jointly with relevant departments to establish comprehensive evaluation system of industry associations.

    On honesty and discipline, the prominent role of industry associations, by the registration authority granted recognition or reward.

    42nd industry association should be submitted before March 31 in each year to the competent business unit reports on the work of the previous year, after the professional authority for examination, before May 31 to submit the registration authority, subject to annual inspections.

    Article 43rd Association shall not be any of the following acts:

    (A) the force units or individuals for membership;

    (B) through the development of professional rules, management fees or by any other means to monopolize the market, impeding fair competition, harm consumers, the non-members of the lawful rights and interests or public interests;

    (C) to members of arbitrary charges, fund-raising, impeding, restricting membership to carry out legitimate business or participating in other social activities;

    (D) the implementation of discriminatory treatment between the members;

    (E) the laws, rules, regulations and other acts prohibited by statute.

    44th industry association on industry rules, industry self-regulation measures or disagrees with the decision, can be brought to the review or industry association drew attention to the relevant government departments according to law.

    Non-member and personally think that industry associations concerning measures to harm its interests may require adjustment or change of the industry association, also drew attention to the relevant government departments according to law.

    Article 45th trade associations in the application for registration fraud, obtaining the registration of, or approved the establishment did not carry out activities within one year from the date of registration, the registration authority shall revoke the registration.

    Article 46th industry association, one of the following circumstances, by the registration authority in accordance with the provisions of the Community regulations on group registration and give a warning and order them to correct, stop activities of limited duration, and may order him to replace officers directly in charge of serious cases, to revoke registration constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) altered, leased, lent the certificate of legal registration of social groups, or rental and lending industry seal of the Association;

    (B) the purposes and scope of business activity beyond the provisions of the Constitution;

    (C) to reject or accept supervision and inspection not in accordance with the provisions;

    (D) not in accordance with the provisions for registration of change;

    (E) permission to set up branches, representative offices, or neglect of branches, representative offices, causing serious consequences;

    (Vi) engage in profit-making business activities;

    (VII) encroach upon, privately divide, misappropriating Association assets or accept donations, funding;

    (H) the violation of the relevant provisions of the State fees or raise funds or accepted, use the donation, funded.

    Prescribed in the preceding paragraph have illegal or illegal income shall be confiscated, may be illegal more than 1 time 3 times the amount or penalty of illegal gains more than 3 times 5 times.

    47th article without approval, arbitrarily carried out preparatory activities for the Association, or without registration, without authorization of activities on behalf of the Association, be banned by the registration authorities, confiscation of illicit assets constitutes a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, they shall be given administrative penalties for public security.

    48th registration authority and competent business unit staff of any of the following acts, by their work units or departments shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) the breach of the statutory conditions and procedures, preparation or of approved trade association to grant registration;

    (B) not complying with the provisions of association establishment, modification and cancellation of the registration;

    (C) unlawful interference with independent activities carried out by the industry association;

    (D) encroach upon, privately divide, misappropriating Association assets;

    (E) the illegal imposition of administrative penalty or to find violations do not promptly investigated;

    (F) other acts of abuse, malpractice, neglect their duties.

    The eighth chapter by-laws

    49th rural professional economic associations in accordance with national, State registration of the relevant provisions. 50th these measures come into effect June 1, 2010.