Advanced Search

Interim Measures For The Development And Standardize The Industry Association Of Hubei Province

Original Language Title: 湖北省发展和规范行业协会暂行办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Health Meeting of the Government of the Northern Province of Lake Town, 21 November 2005 to consider the adoption of the Decree No. 284 of 6 December 2005 of the Royal Government of the Great Lakes Province, which was launched effective 1 January 2006)

Chapter I General
Article 1, in order to promote health development in industry associations, regulate the organization and conduct of industry associations, play the role of industry associations in the socialist market economy and develop this approach in line with laws, regulations and relevant national provisions.
Article II of this approach refers to the voluntary composition of various industrial production actors, including businesses, individual businesses, other economic organizations and related units, which are governed by the law, mainly by non-profit associations that provide services for the production and operation of the industry.
The Chamber of Commerce, Industry and Foreigners of the Province are included in the management of the Association of Industry Associations in investment in the manufacturer in the territorial administration.
The activities of industry associations must be subject to laws, regulations, regulations and regulations, the preservation of national interests and the public interest, in line with the overall interests of the industry.
Industry associations should promote industrial development and industrial collaboration, serve members and defend their legitimate rights and interests.
Industry associations should be guided by the principles of the Office of Democratic Affairs, the organization of assembly, its legitimate rights and interests are protected by law, and no unit or individual may interfere unlawfully.
Article IV Governments and relevant sectors should encourage and facilitate the development of industry associations, integrate the development of industry associations into the socio-economic development planning of the region and guarantee the independent activities of industry associations.
The above-mentioned civil affairs sector is the registration management body of the Association of Industry, which conducts registration management of industry associations and develops policy measures with the relevant sectors.
Article 5
Chapter II
Article 6. Industry associations may also be established in accordance with the criteria for classification of existing industries or products in the State or in accordance with the different classifications of service functions, modes of operation or business.
The establishment of an industrial association should be in line with the needs of economic development, with industry representation in the administrative region. In the same administrative area, there may be no duplication in the establishment of the same industry associations. There is no subordinate relationship between industry associations.
Article 7 encourages the establishment of industrial associations for the production, processing, marketing and services of agricultural products, as well as for the development, diffusion of technology and information exchange of services for rural technology, to promote rural economic development.
The establishment of the following rural professional economic associations in the town should reflect the principle of efficient people, with specific approaches being developed in accordance with the relevant provisions of the State, upon consultation by the provincial civil affairs.
Article 8. Enterprises, individual business or other economic organizations that are registered under the law and operated for more than two years, in good faith law may initiate the establishment of an industrial association as an sponsor and the number of sponsors should be in compliance with the provisions of the law, regulations, regulations and regulations.
The Association of Industry and its branches, the establishment, modification and write-off of institutions are carried out in accordance with the provisions of the State and the provincial regulations relating to the registration of social groups.
Article 9 Business desks are difficult to identify and are recommended by the registry administration to the relevant branches or authorized organizations of the Government and, with their consent, as an operational guidance unit of the Association.
The business manager performs the corresponding duties in accordance with the relevant provisions of the Social Group Registration Regulation (hereinafter referred to as the Regulations). The Operational Guidance Unit is responsible for guiding, overseeing industry associations to carry out activities in accordance with their statutes, within the limits permitted by the Constitution, laws and national policies, to assist in the unlawful activities of the registration management and other bodies of the industry associations.
Business desks or operational guidance units shall not be assigned to the industry associations. The functions set forth by the business manager or operational guidance unit shall not be charged to the industry associations.
Article 10. Enterprises registered under law in the same industry, artisanals, other economic organizations or units, recognize the statute of the Association of Industry, which can become a member of the Association of the industry, if requested and approved. More than two industry operations may be part of the two industry associations. Except as otherwise provided in laws, regulations and regulations.
Senior personnel working in the operation of the industry to manage the trees and the relevant professional technicians can join the industry associations in their personal capacity.
Industry associations should implement the same criteria for entry and guarantee their equal right to credit for businesses, individual business and business owners, other economic organizations or related units of different systems or scope.
Members of the Association of Industry have the right to a voluntary retreat.
Article 11. The name of the Association shall be in accordance with the laws, regulations and regulations that may indicate the industries to which it belongs and may be made available in the words “the industry associations” or “the same chamber”, the Chamber of Commerce”. Other social groups that do not fall within the scope of industry associations as defined by this approach shall not be allowed to sign in the words “industrial associations”, “the same industry”, “the Chamber of Commerce”.
The name of the trade association that has been cancelled by law shall not be used for three years.
Article 12
All members of the industry associations enjoy their rights and obligations on an equal basis, in accordance with the law and the statute of the Association.
Article 13 The highest authority of the Association of Industry is the General Assembly of Members or Members representing the General Assembly for a term of 1 to 5 years. The number of members is more than 100 industry associations, which may establish membership representatives to the General Assembly, who are elected by members, and the electoral approach is developed by industry associations in accordance with the principles of law, equality and reasonableness.
The Association shall convene a meeting of its members or a meeting of its members each year. The Board considered it necessary or as proposed by more than one fifth of its members or members to convene meetings of temporary members or temporary representatives.
Article 14. The Council shall not exceed one third of the membership or membership. The Board shall meet at least once a year.
More than 50 members of the Council should establish the Standing Council. The Council is responsible for the Council during the intersessional period. The Standing Council shall not exceed one third of the board. The Standing Council should meet at least every half a year.
The meetings of the Governing Council or the Standing Council shall be convened and chaired by the President or Vice-President and shall not be less than two thirds of the total. More than one third of the Council or the Standing Council have proposed that meetings of the Council or the Standing Council should be convened.
The resolutions of the Council or the Standing Council meetings are subject to the agreement of a majority of the members of the governing body or the standing council present at the session, covering major matters, such as personnel, finance, subject to the consent of more than two thirds of the board or the standing council present. The meeting shall be kept in full of the matter under discussion.
Article 16 shall establish a directory or a treasury, which shall result in a method governed by the industrial association statute. The Board of Governors or the Standing Council meetings to oversee the operation and financial management of the Association of Industry and to report on its work to the General Assembly or its members on behalf of the General Assembly.
The Director, Vice-President, the Secretary-General, the Council and the Permanent Council shall not be appointed.
Article 17, a member of the Industry Association, a Vice-President, a member of the Secretary-General, a permanent council and a Vice-President shall not exceed one third of the permanent council. The President is the statutory representative of the Association of Industry. The President, the Vice-President, was elected democratically from the Council or the Permanent Council. The Secretary-General shall be headed by a dedicated staff member who may be elected from the board or the permanent council, or may be nominated by the Director, who shall be appointed by the Council and the Permanent Council.
The President, the Vice-President, the Secretary-General (hereinafter referred to as the heads of industry associations) shall meet the following conditions:
(i) The quality of political thought, good faith in solidarity, the cause of conscience and good social credit;
(ii) Be familiar with the industry and are recognized as having great expertise and good organizational leadership and coordination capacities in the industry;
(iii) The work of the Association and its dedication;
(iv) Physical health and the maintenance of normal work.
Article 18 The statutory representative of the Association of Industry may not serve as a legal representative of other social groups.
The illegal sponsors of civil society organizations and their heads may not relaunch industrial associations or lead positions in social groups within five years. The heads of the revoked industrial associations shall not initiate the establishment of industry associations or heads of industry associations within three years.
The Article 19 secretariat is an agency of the Association of Industry Associations, whose staff are employed or represented by the membership units. Industry associations should enter into labour contracts with staff employed to clarify the rights and obligations of both parties. The staff of the member's offices in the industry associations should be in line with the work needs of the Association, the salary, welfare treatment of the staff deployed is addressed by the original unit and cannot be lower than the criteria for the work of the original units.
Chapter III Scope of work
Article 20 provides basic functions for industry services, industrial self-regulation, industrial coordination and representation in the industry, which can be carried out in conjunction with the specific circumstances of the industry:
(i) Develop and organize the implementation of industrial rules, quality norms and service standards of self-regulation in the industry, conduct industrial evaluations, establish effective industrial self-regulation mechanisms, improve the overall quality of the industry, coordinate membership relations and preserve industry interests;
(ii) Conduct research in the industry and propose proposals for the development of industrial development planning, representing the industry's views and proposals for policy formulation and legislation to Governments and relevant bodies in accordance with the statutory procedures;
(iii) Organizing activities such as training, technical advice, diffusion of new technologies (standards), information exchange, exhibitioners;
(iv) On behalf of its members to investigate violations of their legitimate rights and interests and to defend the legitimate rights and interests of its members in accordance with the law, to conduct investigations, prosecutions, vetting and vetting on behalf of business enterprises in the industry;
(v) Develop and be responsible for the implementation of the rules governing the handling of disputes within industry associations, coordinating the operation of the industry associations with other industries or other organizations;
(vi) Conduct industrial statistics, industry surveys, publication of industry information, public certificates, coordination of price disputes, participation in the work of grades (identification), product quality certification or evaluation, production of qualifications certification, etc., by law, regulatory authority or government and relevant departments;
(vii) To make recommendations to the relevant Government departments for the development of product standards, to participate in the formulation of (remendments) and to organize national standards, industry standards and local standards for the implementation of the products concerned;
(viii) Exchange and cooperation in domestic and international economic technologies;
(ix) Other work that may be carried out in accordance with the statutes of the Association of Law, Legislation and Industry.
Article 21
In violation of the statutes and industrial rules of the Association of Industry, it does not meet quality norms or service standards, engages in unjustifiable competition, undermines the legitimate rights of consumers and members of the industrial image, and industry associations should take warnings, criticisms, trade sanctions, dismissal of membership. Other members should be stopped and dealt with in accordance with the statutes of the Association. Enterprises or other economic organizations that operate in conflict with the industry should be recommended and supported by the State authorities.
Industry associations should encourage members to participate in the public good.
Chapter IV
Article 2 all sectors of government should be assigned to industry associations by changing functions by bringing a number of jobs that can be assumed by industry associations and by law, including by transferring.
The industry associations are mandated or entrusted with the requirements for public management services, which should be funded from public funds. The Government's authorities entrust industry associations with public management and should take the form of buying services.
In developing local legislation, regulations, public policies, administrative measures, industrial development planning and the identification of related industrial financing projects, the Government and relevant sectors should be consulted by industry associations.
Article 24 Governments should facilitate the work of industry associations by helping industry associations understand relevant legal, legislative, regulatory and policy measures and market information, and to reflect industry's views and demands in a timely manner to the superior State organs.
In the event that the activities of industry associations require support from government departments or other social organizations under the law, the units concerned should be actively supported within the purview of the mandate without delay.
The Business Managers or Operations Guidance Units of the Association shall guarantee, in accordance with the law, the operation of the Association of Industry and the ownership of institutions, personnel, financial management, and shall not interfere with the normal activities of the Association.
Article 25 Government departments or social organizations should support industry associations in the investigation, prosecution and vetting of anti-dumping, anti-monopoly, counter- subsidies measures.
Article 26 Governments and relevant departments and mandated organizations should actively create conditions to attract national industrial associations from their homes in this province and encourage industry organizations with industrial, product and market advantages in the province to lead in the formation of national industrial associations by law.
Article 27 provides support to industry associations serving local pillar industries, including project financing.
Requirements for the development of rural professional economic associations should be adequately supported by local governments and relevant sectors.
Article 28 revenues from industrial service activities undertaken by industry associations should be carefully implemented by the tax sector in accordance with its tax incentives to be enjoyed by law and provided with specialized invoices.
The costs incurred by industry associations in the construction of office buildings and the creation of industrialized bases, professional markets should be charged on the basis of the fee-for-charge criteria, and the construction of office spaces by industry associations could be provided by law.
The relevant sectors, such as labour and social security, personnel, should establish provisions for the management, performance-based evaluation and insurance benefits of social groups and support the introduction of talents by industry associations.
Article 29 Legal property of the Industrial Association is protected by law and no unit or individual shall be in possession. Illicit charges, fines or all forms of assessment are prohibited to the Association of Industry.
Chapter V Oversight and management
Article 33 The registry management body shall establish a monitoring assessment methodology for the Association of the Sound Industries and release assessment to society.
Article 31 authorizes or entrusts industry associations with the relevant branches or organizations of the Government in charge of public management and shall conduct regular oversight of the implementation of delegated or commissioned matters. Industry associations should provide regular written reports on the authorization and commissioning of the work of the regulatory and operational supervisors or operational guidance units.
Article 32 shall carry out activities in accordance with laws, regulations, regulations and statutes, and shall not engage in the following activities:
(i) To prevent fair competition through the development of industrial rules or other means of monopoly markets, undermine the legitimate rights and interests of consumers, non-member enterprises or other organizations and the public interest of society;
(ii) A variety of assessment and sequencing activities based on charges;
(iii) Abuse of authority, limitation of the legitimate operation of members or participation in other legitimate social activities;
(iv) Discriminatory treatment of members.
Article 33 must implement the State-mandated financial management system.
Industry associations can finance payments through collection of contributions, donations and funding, service delivery or hosting of government offices and other legal means. The use of funds should be limited to the scope of use set out in the statute of the Association of Industry and shall not be allocated among its members and shall be subject to oversight inspections by members of the General Assembly or by members on behalf of the General Assembly. Funding sources are financial allocations or social donations, financing and should be subject to oversight by financial and audit bodies.
The standard of contribution of the Association shall be reasonably determined in accordance with the scope of operations, the cost of work and the affordability of its members, subject to a vote of more than two thirds on behalf of the General Assembly or members on behalf of the Conference and to the registration of the management body and the related sector reserve. The income and expenditure situation shall be made public to all members in writing each year and the members shall be entitled to provide advice on the payment of their contributions and may apply to the Council or the Standing Council for an open financial account. Members were of the view that industry associations had criminal charges or criminal payments, and that they could lodge complaints to the relevant government departments.
Prior to the write-off of the industry associations, the authorities concerned organize the liquidation under the law. Prior to the turnover or change of the statutory representative, a financial audit was carried out by the registry administration. The remaining assets that were cancelled by the Association shall be returned to the treasury.
Article 34 of the Registration Management Service, in order to perform its oversight responsibilities, requires that industry associations submit reports on operational activities or financial circumstances, which should be synchronized.
Article XV of the Industry Association's membership contests the industrial rules, industrial self-regulation measures or other decisions of the Association, which may be brought to a review by industry associations or brought to the relevant branches of government by law.
Non-member units and individuals believe that the relevant measures of the Association of Industry undermine their legitimate rights and interests, may require changes in the industry associations, or to bring proceedings to the people's courts in accordance with the law.
Chapter VI Legal responsibility
In violation of this approach, the Regulations and the provincial procedures for registration management of social groups are punishable under the Regulations and the relevant provincial provisions.
Article 37 of the industry associations violate the provisions relating to the financial management of social groups, use of social group pay receipts, financial vouchers, or provide the registry administration with false and concealing financial reports of important facts, by warnings from the registry administration authorities, ordering the process of suspension of activities; circumstances that are serious, vetting the registration, constituting a crime, and bringing criminal liability to justice.
Industry associations are exempted, transferred to register, sealed or intrusive, private, trans-use industries' assets, in violation of the provision of fees to members, and are warned by the registry administration to reorganize the duration of activities, and may recommend that the industry associations should be removed from the competent body directly responsible under the Constitution; in serious circumstances, be registered; and that criminal responsibility is lawful.
The acts set forth in the preceding paragraph are incompatible with the amount of operation or proceeds derived from the law, which may be confiscated and subject to a fine of more than three times the amount of the offence or more than three times the proceeds of the offence.
Article 338, for industrial associations where internal management is confused or cannot be properly carried out within one year, the registration authority shall withdraw registration.
In violation of this approach by the relevant departments or authorized organizations of the Government, industry associations may lodge complaints to the relevant sectors by law or may apply for administrative review or administrative proceedings.
Chapter VII
Article 40
Article 40 is governed and administered by associations, promotional boards, research boards and social groups, which are composed of professionals with competence, in accordance with this approach.
Article 42