Interim Measures For The Management Of Private Non-Enterprise Units In Zhejiang Province

Original Language Title: 浙江省民办非企业单位管理暂行办法

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(April 22, 2004 172th promulgated by the people's Government of Zhejiang Province as of July 1, 2004) Chapter I General provisions article in order to improve the management of private non-enterprise units, and regulate the behavior of private non-enterprise units, under the interim regulations on the administration of registration of private non-enterprise units of the State Council (hereinafter referred to as the regulations) and the provisions of other relevant laws and regulations, combined with the facts of the province, these measures are formulated. Article within the administrative area of the province of private non-enterprise units apply to these measures.
    Otherwise provided by laws and regulations, from its provisions.
    Third private non-enterprise units in these measures refers to enterprises, institutions, public organizations and other social forces and held for personal use of State-owned assets, social organization engaged in non-profit social service activities.
    Non-profit community organizations in these measures refers to provision of social services, not for profit-making purposes, and earnings are not held and members assigned community entities.
    Article fourth privately-run non-enterprise unit shall enjoy autonomy, no organization or individual may infringe upon their legitimate rights and interests.
    Privately-run non-enterprise unit must be in accordance with the law, regulations, rules and regulations to conduct public business activities; safeguard workers wages, social security, welfare and other benefits, accept supervision and inspection authorities and registration authorities; must not harm the interests of the State, the public interest as well as other social organizations and legitimate interests of citizens, must not violate the social morality, shall not engage in profit-making business activities.
    Private non-enterprise trade unions are entitled to in accordance with the People's Republic of China Trade Union Act Zhejiang Province, and the implementation of People's Republic of China means provisions of the Trade Union law, establishment of trade union organizations and maintain their legitimate rights and interests.
    Fifth people's Governments above the county level in accordance with the region's economic and social development needs, support development of private non-enterprise units.
    Governments at all levels can by way of tender, commissioned a private non-enterprise units to undertake welfare projects.
    Encourages enterprises, institutions, social organizations, other community organizations and individual citizens to subsidize privately-run non-enterprise units and donations.
    Privately-run non-enterprise unit shall enjoy tax breaks and other preferential policies.
    Sixth civil affairs departments above the county level people's Governments is the registration authority of private non-enterprise units (hereinafter referred to as the registration authority).
    Relevant departments of the people's Governments above the county level or organization authorized by the people's Governments above the county level, and is related to the industry, business unit in charge of the business of private non-enterprise units (hereinafter referred to as the competent business unit).
    Relevant departments of the people's Governments above the county level shall, in accordance with their respective responsibilities, and the related management of private non-enterprise units. Article seventh registration authority responsible for the competent business units at the same level for examination and approval of registration of private non-enterprise units.
    In accordance with the laws and regulations to obtain a practising certificate of private non-enterprise units, by the issuing authority (issuing of competent business unit) at the registration authority responsible for registration and administration.
    Registration authorities, heads of business units and privately-run non-enterprise units of the residence is not within its jurisdiction, may authorize non-governmental non-domicile of the enterprise registration authority, head of unit responsible for supervision and administration of the terms of reference.
    Second chapter established eighth article established private non-enterprises, should has following conditions: (a) by business competent units review agreed; (ii) has specification of name, and necessary of organization institutions; (three) has with business activities phase adapted of practitioners and 1 years above legal right of places; (four) has with business activities phase adapted of legal property; (five) legal, and regulations, and regulations provides of other conditions.
    Nineth held by human private enterprises with a registered capital of no less than 30,000 yuan, State standards of more than 30,000 yuan, from its provisions.
    Method for human administration of registration of private non-enterprise units in the province, apply for registration, the registered capital of not less than 200,000 yuan; in the districts, registration authority, the application for registration, the registered capital of not less than 100,000 Yuan; at the County (city, district) registration authority applying for registration, the registered capital of no less than 30,000 yuan.
    Tenth Article private non-enterprises of name should meet following provides: (a) and private non-enterprises of business range phase consistent; (ii) and has registration of private non-enterprises, and social groups, and institutions and enterprise, organization of name has obviously difference; (three) shall not using was revoked or was banned of organization of name; (four) meet legal, and regulations, and regulations provides of other requirements.
    Private non-enterprise units using foreign names should be consistent with the name, and submitted to the registration authority for the record. 11th an application for establishing a private non-enterprise units shall apply to the registration authority name registration.
    Registration administration organ shall, from the date of receipt of the application within the 7th, sponsor for name registration, issuance of the notification of registration of private non-enterprise units name.
    The notification of private non-enterprise name registration is valid for 6 months, is not approved within 6 months registration, the name is not valid. 12th an application for establishing a private non-enterprise units, sponsor shall submit an application to the competent business unit reports and related materials, the competent business unit shall be the receipt of the application report and 20th days of all valid documents, in accordance with the provisions of the review and agreed to set up or do not agree with the decision to set up.
    20th cannot make a decision, approved by the competent business unit leader, you can extend the 10th and extension should be informed of the reasons for their owners.
    13th article application private non-enterprises established registration, held who should to registration management organ submitted following material: (a) registration applications; (ii) held who of identity proved; (three) business competent units issued of approved file; (four) places right proved; (five) social audit organization issued of inspection funding report; (six) intends any head of basic situation, and ID Ming; (seven) by business competent units review agreed of articles draft.
    Agent of applying for establishment registration, shall also submit the power of Attorney and agent of the sponsor's identity.
    14th the registration administration organ shall from the date of receiving the application for registration of establishment of all valid documents in the 30th to grant registration or registration decisions. Meet the conditions for registration, the registration authority shall grant registration.
    Is not registered, shall indicate to the applicant the reasons.
    The residence of private non-enterprise units and registration authorities is not in one place, should be approved at the date of registration in the 15th, to their residence registration authority record. 15th the registration authority according to the privately-run non-enterprise unit shall bear civil responsibility in different ways, issuance of registration certificate for legal entities, partnerships, individuals, respectively.
    Meet the legal conditions of private non-enterprise units, should go through the registration of legal persons.
    Article 16th privately-run non-enterprise units after registration, with registration certificate to the appropriate authority for the engraved seal certificate, code, set up accounts, pay the license identification procedures, and timely reported to the registration authority for the record.
    Privately-run non-enterprise unit shall be from the date of tax liability arising in the 30th, by presenting the relevant documents to the local competent tax authorities to apply for tax registration. Chapter III alteration and termination article 17th of changes in registration of private non-enterprise units shall apply in writing to the competent business unit and submit relevant documents. The application shall set forth the change, reasons and programmes on matters of.
    The competent business unit from the date of receiving all valid files in the 15th, reply to agree to change or do not agree with the change.
    Article 18th privately-run non-enterprise units to apply for registration of change, approval by the competent business unit shall be from the date of approval the competent business unit in the 30th, to the registration authority to apply for alteration registration.
    Sponsor of a privately-run non-enterprise units modify the Constitution or change shall be from the date of approval the competent business unit in the 30th, registration authority for approval.
    Privately-run non-enterprise unit shall be from the date of registration authority approved registration of changes in the 30th, apply for a corresponding change to the relevant Department.
    19th article private non-enterprises has following case one of of, by business competent units review agreed Hou, should to registration management organ application cancellation registration: (a) articles provides of term expires or other dissolved causes appeared of; (ii) for Division, and merged need dissolved of; (three) cannot normal carried out activities of; (four) business competent units revoked established decided of; (five) terminated business activities of; (six) other should cancellation registration of case.
    Private non-enterprise units since the expiration of 6 months from the date of registration has been carried out operational activities or stop operations for 12 full months, treated as a termination of business activities. Article 20th privately-run non-enterprise units apply for cancellation of registration, shall, prior to cancellation of registration, under the guidance of the competent business unit and other relevant agencies, set up a liquidation organization and complete the work of settling its accounts under the liquidation procedure.
    During liquidation, a privately-run non-enterprise unit shall not carry out activities other than liquidation. Remaining property in accordance with the Constitution of private non-enterprise units provide for the financing of nonprofit public interest organization, no unit or individual is allowed to encroach upon, privately divide, divert.
    Remaining assets shall be subject to competent units, supervised by the registration authorities and other relevant departments. Article 21st privately-run non-enterprise units the legal representative or person in charge shall, from the date of completion of liquidation in the 15th, to the registration authority for cancellation of registration.
    Cancellation of registration shall submit an application for cancellation of registration, business unit in charge of reviewing files, cancellation of tax registration certificate and settlement report.
    Registration authority granted cancellation of registration, issued a cancellation of certificate files, collect registration certificates, stamps and financial documents, and cancellation of registration notify the competent business unit, financial, taxation, public security, price, quality and technical supervision, the people's Bank and other departments.
    Private non-enterprise units approved to cancel the date of termination. The fourth chapter organization and activities

    Article 22nd privately-run non-enterprise unit shall establish and perfect the management structure, management system, regulate their business activities, and consciously accept the head of supervision and regulation, registration authorities and other bodies.
    Registered as a legal entity of private non-enterprise units shall establish a decision-making and oversight body, members of a decision-making body shall by the sponsors or their representatives as well as interested persons, shall not be composed of members of the decision-making bodies of the oversight bodies and financial officer concurrently.
    Enterprises serving staff who is also head of the privately-run non-enterprise unit shall be agreed by the organization.
    Article 23rd privately-run non-enterprise units of the decision-making bodies shall perform the following duties: (a) the decision person of the legal representative, (ii) to modify regulations and formulate rules and regulations and (iii) development planning, approval of annual work plans and (iv) financing, auditing budget and final accounts; (e) the decisions employees wages and benefits, (vi) other significant matters.
    Article 24th privately-run non-enterprise unit shall establish financial and asset management systems, and set the accounting books in accordance with the relevant provisions of the State and conduct accounting.
    Privately-run non-enterprise unit shall establish a financial disclosure system, public financial revenues and expenditures to its stakeholders on a regular basis.
    Privately-run non-enterprise unit shall be the worker's wages, benefits and material standards submitted to the competent business unit, the registration authority for the record.
    25th fees charged by the private non-enterprise units carrying out service activities, its management of the price listed in the price list in Zhejiang Province, according to the provincial Department in charge of price-related regulations; its price is not included in the price catalogue management in Zhejiang Province, by the privately-run non-enterprise units determined according to the principle of cost compensation, submitted to the competent pricing authorities for the record. 26th organizers into privately-run non-enterprise unit assets, private non-enterprise units donations funded assets, the earnings of private non-enterprise units and accumulation of funds belonging to the privately-run non-enterprise units all by privately-run non-enterprise units used in articles, not on investor dividends.
    Any units and individuals to privately-run non-enterprise unit inputs and donation-funded assets may not withdraw.
    Duration of private non-enterprise units, all assets managed and used by private non-enterprise units according to law, no unit or individual may seize.
    Private non-enterprise units or for any unit or individual to provide security.
    Private non-enterprise units use State-owned land and State-owned residential property in accordance with law, in accordance with the provisions of the national and provincial State-owned asset management for management shall not transfer in any form, guarantees, mortgages.
    Article 27th privately-run non-enterprise unit should be in its place clear position of private non-enterprise registration certificate and other certificates, publish content, service specifications, fees, charges and other matters, subject to public supervision. Fifth article 28th of supervision and management of private non-enterprise units donations and subsidies, shall comply with the provisions of the Constitution the purpose and business scope, and reporting to the competent business unit before it is received.
    Funded by the donation and use of assets, management, shall regularly report to the relevant authorities and to the public, and accept their supervision.
    Article 29th asset and financial management of private non-enterprise units, shall accept the competent business unit, registration authorities and financial sector supervision; sources of assets belonging to the State-funded or funded by grants, and should be supervised by the audit institutions.
    According to the competent business unit requirements, registration authorities and other relevant departments, privately-run non-enterprise unit shall entrust the social audit organizations to audit their financial accounting, and audit results are reported to the head of unit, registration authorities and other relevant authorities. 30th the competent business unit and other relevant departments shall conduct supervision on the business activity of private non-enterprise units, promoting their professional level and quality of service.
    Business Manager, registration authority may organize or entrust the social intermediary business of private non-enterprise units, service quality and assess the contribution to social welfare and so on, and publicize the assessment results.
    Article 31st privately-run non-enterprise unit change of legal representative or responsible person, the registration authority, competent business unit shall arrange for the outgoing legal representative or responsible for financial audit.
    Article 32nd privately-run non-enterprise unit 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 33rd privately-run non-enterprise units set up, log off, as well as the name, domicile, alteration of the registered capital, legal representative or responsible person, the registration authority shall be published.
    Sixth chapter legal responsibility 34th article private non-enterprises has following case one of of, by registration management organ be warning, ordered corrected and recovered illegal spending of funds, can and at 500 Yuan above 2000 Yuan following fine: (a) returns and assets moved for he with of; (ii) employees wage, and welfare spending and the material rewards over record standard of; (three) for other organization or personal provides guarantees of.
    35th article private non-enterprises has following behavior one of of, by registration management organ give warning, ordered deadline corrected, late not corrected of, can at 500 Yuan above 2000 Yuan following of fine: (a) seal style, and bank account, not timely to registration management organ record of; (ii) change held who, not by provides reported registration management organ approved of; (three) donation and funding assets of using, and management situation not by provides to social announced of; (four) not by provides established decision institutions and prison thing of.
    Article 36th privately-run non-enterprise units of activity in violation of other laws, rules and regulations, the relevant administrative law enforcement departments investigated according to law; registration of related administrative law enforcement departments should be withdrawn, can be registered with the registration authority proposes to remove.
    37th not registered to activities on behalf of private non-enterprise units without authorization, or cancellation of registration of private non-enterprise units to continue activities in the name of private non-enterprise units, be banned by the registration authorities, confiscation of illicit assets; does not constitute a crime, they shall be given administrative penalties for public security.
    38th article registration management organ, and business competent units of staff has following behavior one of of, law give administrative or disciplinary: (a) no due reason, not accepted application of; (ii) has accepted application, late not replies of; (three) law not should approved or approved of application be approved, and approved of; (four) violation provides charged costs of; (five) violations private non-enterprises lawful rights and interests of of; (six) other should law give administrative or disciplinary of behavior.
    39th violated these measures constitute a crime, criminal responsibility shall be investigated according to law.
    The seventh chapter by-laws 40th before the implementation of these measures has been the registration of private non-enterprise units shall, within 1 year from the date of implementation of this approach in accordance with these measures be standardized.
                                                                                                              41st these measures come into force on July 1, 2004.