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Administrative Measures For The Association Of Industries In Hunan Province

Original Language Title: 湖南省行业协会管理办法

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(The 68th ordinary meeting of the Government of the Southern Province, held on 17 September 2005, considered the adoption of the Decree No. 201 of 19 October 2005 of the Order of the Government of the Great Lakes Region, which came into force on 1 January 2006)

Chapter I General
Article 1, in order to regulate the organization and conduct of the Association of Industry, to promote the health development of the Association of Industry and to play its role in the socialist market economy, to develop this approach in line with relevant laws, regulations, such as the Social Group Registration Regulation.
Article II of this approach refers to non-profit social groups, which are established by law and are freely composed of the same economic organizations and associated units and individuals and are managed by themselves.
Article 3 aims at coordinating membership relations, regulating membership and providing services to members; communicating the links between members and Governments, society; preserving the fair competition order and the overall interests of the industry and promoting industrial health development.
Article IV Trade associations must comply with laws, regulations and regulations and shall not undermine national interests and public interest.
Industry associations follow the principles of separate political meetings, self-hosting meetings and democratic associations. The normal activities of industry associations are protected by law and no organization or individual interference.
Article 5 Governments at all levels should incorporate the development of industrial associations into their socio-economic development planning in the region, accelerate the transformation of government functions and transfer industry associations to their self-regulatory management services through industry associations, and support and guarantee the independent activities of industry associations.
Article 6. Governments at all levels should encourage and support the establishment of associations by the industry in accordance with the law to promote and promote the health development of the Association.
Enterprises and other economic organizations should actively initiate the formation, accession to industry associations, perform their duties seriously and provide support to industry associations in terms of funding, personnel, office conditions.
Article 7
The relevant sectors and organizations authorized by law at the district level are the operational chiefs of the Association.
The registry management and the operational supervisory units should be co-ordinated to promote the development of industry associations and regulate the management of industry associations, in accordance with the responsibilities set out in the State Department's Social Group Registration Regulation.
Article 8 Governments and relevant sectors have given recognition and incentives to industry associations and their staff that have made a prominent contribution to economic development, as well as to enterprises and other economic organizations that have contributed to the creation and development of industry associations.
Chapter II Registration
Article 9. Industry associations may also be established on the basis of classification criteria for national economic industries or product classification criteria, based on operational modalities, business and service functions.
In the same administrative area, there shall be no duplication in the establishment of the same or similar industrial associations.
Article 10. The conditions and procedures for the establishment of an industrial association shall be implemented in accordance with the Social Group Registration Management Regulations, which shall be in compliance with the following specific provisions:
(i) There are more than 6 licenses of business at the local level and activities in the industry for more than two years of continuous activity;
(ii) Members absorbed account for more than 20 per cent of local economic organizations, or more than 50 per cent of the total operating industry;
(iii) The organization body, the proposed legal representative, in accordance with the provisions of this approach;
(iv) More than two dedicated staff;
(v) In the name, the words “industry associations”, “ associations” or “the Chamber of Commerce” are identified and indicate the industries to which they belong;
(vi) The draft statute is in line with the relevant laws, regulations and present methods to clarify the channels and safeguards for the financing of the activities of industry associations and to report on the review by the registry administration.
Article 11. The registry management body may convene a hearing on the need, purpose, scope of operation and the will of the relevant economic organizations for the establishment of an industrial association.
Following the establishment of the Industrial Association, branches, representatives of institutions are required or, in accordance with the relevant provisions, subject to registration procedures by the registry management body, subject to review by the operational supervisors.
Part III
Article 13 Industrial associations have a membership system, with equal access to economic organizations of different forms and scales of operation. The conditions for entry are regulated by the Constitution.
Industry associations could absorb expert scholars associated with the industry, but the proportion of expert scholars should not exceed 10 per cent of the total membership.
Article 14. The statute of the Industrial Association shall make a clear provision on the rights, obligations and obligations of its members to guarantee the rights and equality of its members.
No member shall take advantage of the advantages of the scale of operation, market share or limit the legitimate rights and interests of other members.
All members are members of the General Assembly, which is the highest authority of the Association of Industry; the membership may be elected to represent the General Assembly in accordance with the statute and to exercise its membership. The General Assembly of Members or its Members shall be convened by statute.
The General Assembly or its members shall exercise the following functions on behalf of the General Assembly:
(i) Develop, modify the statute of the Association;
(ii) The election and dismissal of the President, the Vice-President, the President, the President and the Director;
(iii) Develop criteria for payment;
(iv) Consideration, approval of the workplans, reports of work and financial statements submitted by the Council;
(v) Consideration of proposals submitted by the Council, its members;
(vi) Removal of members;
(vii) Decide on the dissolution and liquidation of industry associations;
(viii) Other functions under the statute of the Association of Industry.
Article 16 establishes the Council of the Association of Industry, consisting of the President, the Vice-President and the Council.
The Council is an implementing agency of the General Assembly or a member representing the General Assembly and is accountable to the Members Assembly or members for the General Assembly to perform its duties in accordance with the statutes of the Association of Industry and the resolutions of the General Assembly or its members on behalf of the Assembly.
The high number of councillors could be established by the President, the Vice-President and the Standing Council elected from the Council. The Standing Council is responsible for the Council's responsibilities in accordance with the statutes of the Association of Industry and the resolutions of the General Assembly or its members representing the Assembly.
Article 17 The heads of missions are elected by the Members' Congress or by members on behalf of the General Assembly. The Director, Vice-President, the Council, the Permanent Council, the Secretary-General shall not serve as the head of the Association.
The operation and financial management of the Bureau of Cassation or the Association of the Supervision industry are reported to the General Assembly or its members on behalf of the General Assembly. Meetings of the Council and the Standing Council.
Article 18 The President shall meet the following conditions:
(i) Work in the industry for more than two years, familiarity with industry, with corresponding expertise and good organizational coordination capacity;
(ii) A good social credit record;
(iii) No existing public office in the State organs;
(iv) No statutory representative of other social groups;
(v) Other conditions under the law, regulations.
Article 19, the Industrial Association established the Secretary-General, who was nominated by the Director, was appointed by the Council and could also be created in other ways specified in the statute. The Secretary-General is a dedicated manager of the Association of Industry and is responsible for the day-to-day work of the Association.
The Industry Association has a secretariat as its permanent office. Secretariat staff should be progressively professionalized, with recruitment or membership units. Industry associations should enter into labour contracts with special-time staff employed to conduct basic social insurance for their dedicated staff. The staff of the member unit in the industry associations receive benefits such as salary, social insurance.
Article 20 shall incorporate the full-time staff of the Industrial Association into the basic social insurance coverage of old, medical, unemployment, work injury, maternity, etc., in accordance with the relevant provisions of the State. The full-time staff members who have declared professional technic qualifications in the industry associations can be evaluated in accordance with the relevant provisions, and the business manager of the Association and the relevant government departments should facilitate them.
Article 21, the statutory representative of the Association of Industry and the Secretary-General shall not produce from the same unit.
The institutions, personnel, finances of industry associations should be separate from party organs, people's groups, business units and other social groups, with independent legal personality.
The civil servants of the current State and those authorized by law to exercise administrative functions shall not be part of the industrial associations.
Chapter IV Functions of work
Article 2 Industry associations should perform their duties under the Constitution and actively engage in activities that promote industrial development.
In accordance with the Constitution and the specific circumstances of the industry, the Association of Industry works as follows:
(i) Develop and organize industrial planning, quality norms and service standards for the industry, establish industrial self-regulation mechanisms, coordinate membership relations, preserve the legitimate rights and interests of its members and preserve the overall interests of the industry;
(ii) Conduct research on industry, representing the industry's participation in industrial development and government decision-making arguments relating to industrial interests, and make recommendations to Governments and relevant bodies in accordance with the statutory procedures;
(iii) Organizing activities such as industry training, technical advice, information exchange, exhibitioners, new technologies and new product promotion, participation in grades, identification and assistance in product quality certification;
(iv) Surveys on anti-dumping, anti-monopoly, counter-subsidies, v. work and requests for investigation to Governments on behalf of enterprises in the industry;
(v) Develop and be responsible for the implementation of internal dispute resolution rules in the industry, coordinating the relevant production operation of the industry with other industries or other organizations, coordinating the prices of products, services, preserving fair competition's economic order and good export order;
(vi) Industrial statistics, the publication of industry information, and the issuance of public-certification certificates, as mandated by law, legislative authority or government and departments;
(vii) To make recommendations to relevant government departments for the development and revision of standards;
(viii) Applications for registration of trademarks, collective trademarks for use by their members;
(ix) Organizing member States for the exchange and cooperation of national and international economic technologies;
(x) Other tasks mandated by the law, the statute or the Government and its departments.
Article 24 of the Industry Association assumes public affairs in accordance with the law or is entrusted by the Government and its relevant departments, and the Government and the relevant sectors shall pay the related costs.
Article 25
(i) Forced requests for entry;
(ii) To impede fair competition through the development of industrial rules or other monopoly markets, undermine the legitimate rights and interests of consumers, non-member units or the public interest of society;
(iii) Receiving members, incestions, to restrict the exercise of legitimate business activities by members or to engage in other social activities;
(iv) Discriminatory treatment among members;
(v) To carry out the same business activities as those operating in the industry for profit purposes;
(vi) Other acts prohibited by law, regulations and regulations.
Article 26 Trade associations, in violation of the statutes and industrial rules of the Association, provide products, services that are not regulated by quality, service standards, engage in unjustifiable competition, undermine the legitimate rights of consumers and members of the overall interests of the industry, can be warned, criticized, peer sanctions, dismissal of membership. Enterprises or other economic organizations that operate in conflict with the industry should be recommended and assisted by the relevant sectors in accordance with the law.
The non-members of the Industry Association for the operation of the industry may recommend that the relevant sector be examined by law.
Members contested industrial rules, industrial self-regulation measures or other decisions by industry associations, which may be brought to review by industry associations or to bring them to the relevant branches of government in accordance with the law. Non-member organizations and individuals are of the opinion that the relevant measures of the Association could undermine their legitimate rights and interests by requiring changes in the industry associations, or by bringing them into line with the law or by applying for administrative review and prosecution in accordance with the law.
Chapter V Financial and financial management
Article 27 Sources of funding from industry associations:
(i) Payment of contributions by members;
(ii) Remuneration granted by the Government and its departments;
(iii) Income for services within the scope of the provisions of the Constitution;
(iv) Government funding, social donations;
(v) Other legitimate income.
The IAE pay criteria are determined in accordance with the reasonable expenses and the affordability of its members for the services of its members, subject to the decisions of the General Assembly or its member representatives and to the registration of the management body.
Article 28 Funding project of the Industrial Association:
(i) Costs for operational activities, meetings and day-to-day office as set out in the statute of the Association of Industry;
(ii) Wages, social insurance and welfare benefits for full-time workers in the industry associations;
(iii) Other legitimate expenditures agreed by the Council.
The property of the Association of Industry and other legitimate revenues are protected by law and any unit or individual shall not be seized.
The industry associations should use their property in accordance with the purposes and scope of the Constitution and shall not distribute their property among their members and shall not be diverted to him.
The members of the Association of Industry may not be required to refund their contributions and fund, donation.
Article 33 shall establish a sound financial management system and a monitoring system to establish an independent financial and bank account in accordance with the relevant national provisions.
In each accounting year, the industry associations should produce financial precision reports, submit to the General Assembly of Members or Members for adoption by the General Assembly, and report on business desks and registration management cases at the time of the annual review.
Industry associations should receive inquiries from members, treasury, donation, fund-raising and financial accounting reports and ensure that relevant information is authentic and complete. Business desks, registration management agencies may carry out financial inspections by the industry associations in accordance with the law.
Financial audits should be carried out when industry associations cancelled liquidation, turnover or change the legal representative. The source of assets belongs to national allocations or social donations, funding, and should be subject to the supervision of the financial and audit administration.
Chapter VI Oversight management
Article 31 of the Industrial Association's registry management and operational supervisory units should establish a sound monitoring inspection system, perform oversight responsibilities, and make the relevant aspects of oversight available to society.
In the case of inspection by the Industrial Association's registry management body, the relevant units and individuals should cooperate in accordance with the facts and the following measures:
(i) Provide relevant documentation, information, financial accounts and other related materials by industry associations and relevant personnel, as well as access, replication or registration in accordance with the law;
(ii) To request industry associations and relevant personnel to provide explanations and clarifications on relevant issues;
(iii) Accrue industry associations to cease violations of laws, regulations and regulations;
(iv) To make recommendations and requests for assistance to business managers and relevant bodies.
In violation of the provisions of this approach, the Association of Industry (AMU) registered the executive order. In violation of the Social Group Registration Regulation and other relevant laws, regulations and regulations, the Industrial Association's registry management body and other relevant departments are governed by law.
Article 34 of the Industrial Association's registry management body, the business manager's unit and the authorities concerned carry out oversight inspections, shall not seek or receive the property and shall not seek other benefits.
Any organization or individual found that the non-registered organization was carrying out activities in the name of the Association of Industry or that the industry associations were in conflict with the right to report to the registry administration, the business manager and the relevant organs, which should be promptly verified and processed.
Chapter VII
Article 36 provides rural professional economic associations that are serviced in the district, town and village levels for cultivation, breeding, production, processing and marketing, and all levels of government should encourage and support their development, and the industrial associations registry management authorities can properly relax registration conditions and simplify registration procedures.
Article 37 Industry associations or laws, regulations and regulations that stipulate that practitioners must be a member's industrial associations, taking into account this approach.
Article 38 of this approach was implemented effective 1 January 2006.
The industry associations established prior to the implementation of this approach should be regulated by this approach within one year of the date of operation.