Key Benefits:
(Adopted at the 97th ordinary meeting of the Government of the fertilities of 28 August 2007, No. 128 of 13 September 2007 of the Order of the People's Government of the fertilization, which came into force on 1 November 2007) Chapter I General Article 1 promotes the health development of industry associations by guaranteeing that industry associations operate in accordance with the law, regulating the organization and conduct of industry associations, developing this approach in line with the Social Group Registration Management Regulations and the Executive Office of the State Department of State for the accelerated reform and development of the Association of Trades (UNIPSIL No. [2007]36). Article II of this approach refers to the establishment, as approved by law, of economic activities in the same sector and the relevant industries, which are voluntary in order to preserve the legitimate interests of the common community, and to the introduction of industrial services and social groups that are managed self-regulatoryly. This approach applies to the establishment, operation and supervision of industrial associations within the city's administration. The law, legislation and regulations have special provisions from them. Article 3 aims at providing members with services in accordance with national legislation and relevant provisions, preserving the legitimate rights and interests of their members, communicating the industry's relations with the Government, society, preserving fair competition and the overall interests of the industry and promoting economic health development. Article IV, the municipality, the district and the civil affairs sector are the registry management body of the Association of Industry and the relevant branches of the Government undertake relevant operational guidance to industry associations within their respective responsibilities. Article 5 Industrial associations should carry out their activities in compliance with national laws, regulations and relevant policy provisions and shall not undermine national interests and the public interest. In accordance with the Constitution, the Association of Industry carries out its activities independently, and any organization and individual may not intervene unlawfully. Chapter II Establishment of registration Article 6. Industry associations may also be established in accordance with national industrial or product classification standards, in accordance with operational modalities, business or service functions. The establishment of industry associations should be in line with the needs of the current city's economic development, with industry representation in the administrative region. In the same administrative area of the city, there shall be no duplication of industrial associations that have the same scope or similar scope. Article 7. The establishment of an industrial association shall be in accordance with the following conditions: (i) There are more than 50 individual members or more than 30 members of the unit, with a mix of individual members, unit members and the total membership of less than 50 members; (ii) A normative name and a corresponding organizational body; (iii) There are fixed residences; (iv) More than two dedicated staff; (v) There are legitimate sources of assets and funds and over 3,000 registered funds. Article 8 Applications for the establishment of an industrial association and the launcher shall submit requests for preparatory work to the registry administration and submit the following materials: (i) Applications; (ii) The basic situation of the sponsor, the licence of business and the performance of the operation; (iii) Draft statute. The registration management body may hold hearings on the need, purpose, scope of operation, and business will to request the establishment of an industrial association. Article 9. For applications for the establishment of an industrial association, the registration authority shall, within 60 days of receipt of the relevant material, make a decision to grant or do not grant preparation by law; for the decision not to grant preparation, a written statement shall be made to the sponsor. Article 10. The sponsor shall, within 30 days of the date of receipt of the decision granted by the registry administration, issue a preparatory notice to the society and accept the application of the entry of the same industry, the relevant industrial economic activity. The sponsor shall convene preparatory meetings within six months of the date of the decision of the registry administration to grant preparation and, within 30 days of the preparation of the General Assembly, the request for registration by the registry administration. Article 11. Preparations for the General Assembly to exercise the following functions: (i) Adoption of the statutes and electoral methods of the Association of Industry; (ii) Election of an organizational body of the Association of Industry. The preparatory assembly shall be held by more than two thirds of all candidates to the Conference; the statute shall be adopted by more than two thirds of the applicant at the meeting. Article 12. The registry administration shall, within 30 days of receipt of the request for the establishment of a registration material, make a decision to grant or not grant registration. The granting of registration is granted to the Social Group's legal personality registration certificate, which does not grant registration, and shall be justified in writing. The changes in registration matters in the industry association or the termination of the law shall be registered or cancelled by law. Part III Article 13 Industrial associations should uphold the principle of voluntary admissions, retreats and guarantee the equal right of economic activity actors in the same industry and related industries to join the Association. Article 14. The statute should provide basic elements such as the nature, purpose, scope of operations, the rights of members, the organization and the principles of asset management. The industry associations modify their constitutions and should be considered by the General Assembly or by members on behalf of the General Assembly. Article 15. Industry associations have a membership system composed of members of the General Assembly. There is a greater membership that can be elected by a member to represent the General Assembly. The General Assembly or its members represent the General Assembly as the supreme authority of the Association of Industry, whose mandate is determined by the statute. Article 16 shall be convened by a member of the General Assembly or by a member on behalf of the General Assembly by more than two thirds of its members or by a representative of a member, whose resolutions shall be adopted by a member or by a majority of its members. Article 17, the Industrial Association established the Council to perform its functions in accordance with the statute of the Association, the membership of the General Assembly or the resolution of its membership on behalf of the General Assembly. The Council is elected by a member General Assembly or by a member on behalf of the General Assembly. The high number of councillors can be elected from the Council to form the Standing Council. The composition, responsibilities, work systems and the method, responsibilities and terms of office of the Council shall be considered by the Members Assembly or by members on behalf of the General Assembly and provided for in the statute. Article 18, Industry Associations have the secretariat and the Secretary-General, and the Secretariat is dedicated to the permanent office. The Secretariat works under the leadership of the Secretary-General to deal with the day-to-day affairs of the Association. Staff of the permanent office should be progressively professionalized and professionalized. The statutory representative and the Secretary-General of the Industrial Association shall not be drawn from the same membership unit. The Secretary-General may be determined by elections, hiring or open recruitment to society. Article 20 Governments and their sectors, business units should be separated from the functions, institutions, personnel and finance of the Association of Industry Associations, which shall not be co-located with the work agencies of the Government. The current State civil servants and persons acting in accordance with the law with regard to the management of the national civil service shall not be appointed as heads of industry associations or directors, vice-chairpersons or vice-chairpersons, and heads of departments. Chapter IV Functions of work Article 21 should seriously perform the functions set out in the Constitution by actively carrying out activities conducive to industrial development and performing the basic functions of industrial self-regulation, industry representation, industry services and industry coordination. In accordance with the Constitution and the specific circumstances of the industry, the Industrial Association assumes the following functions: (i) Establish industrial self-regulation mechanisms to develop and organize the implementation of the industry's regulations; (ii) Industrial development planning, industry research and statistics, industrial information collection and dissemination; (iii) Participation in the development or revision of standards such as product, technology, quality and performance of industrial standards; (iv) Provide industry training, service advice, conduct external cooperation exchanges, organize industry exhibitions, product promotions and assist members in opening markets; (v) Assist the Government in developing industrial policies and industrial planning; (vi) To carry out industrial eligibility clearances in accordance with laws, regulations, regulations or government mandates; (vii) Self-regulation, coordination and supervision of industrial prices and the provision of public trust certificates; (viii) On behalf of members of the Association of Industry, requests for investigations such as anti-dumping, counter subsidies, anti-monopoly; (ix) Harmonization between members of industry associations, between members and non-members, disputes between members and consumers concerning business activities and their relationship with other industry associations or economic organizations; (x) To reflect industry, member claims, and to make observations and recommendations related to industrial development and legislation; (xi) perform the legal provisions, government commission and other functions specified in the statute. Article 23 shall not include: (i) To prevent fair competition and undermine the legitimate rights and the public interest of others through the development of industrial rules or other means of monopoly markets; (ii) Abuse of authority, obstruction, limitation or damage to the proper operation of members or engage in other social activities; (iii) Discriminatory treatment among members; (iv) Exercise administrative functions without authorization or commission; (v) Other acts prohibited by law, regulations. Chapter V Article 24, the Governments of the city, the district, and the relevant authorities of the Government should carefully streamline the functions of the sector, expedite the change of functions, should and be appropriate to the functioning of the Association of Industry, be entrusted, transferred to the Industrial Association and support its work. Article 25 Municipal, district and territorial governments and relevant ministries should facilitate the work of industry associations by undertaking timely studies on the views and requests reflected by industry associations; making major decisions on industrial interests or adopting important measures for members of industry associations, which may have an important impact on the industry, should be informed and consulted in a timely manner. Article 26 The municipal, district and district development reform sector should be well-established for the development planning, integrated coordination and cooperation of the Association of Industry and Industry, which would establish a joint mechanism for the development of industry associations with the relevant government departments to study policy measures for the development of industrial associations. Article 27 establishes the Government's purchasing industry associations service system. Governments and the relevant sectors of the Government entrusted industry associations with operational activities or service delivery, and the corresponding costs should be paid and the funds required should be included in budgetary management. Article 28 should enter into a labour contract with special-time staff employed to deal with social insurance such as feeding, medical care, unemployment, work injury and maternity, in accordance with the relevant provisions. The full-time staff who have declared professional technic qualifications in the industry associations can be evaluated in accordance with the relevant provisions. Chapter VI Oversight management Article 29 provides for activities by industry associations through collection of contributions, donations and funding, service delivery or government commissioning matters. Funds for industry associations should be used for operational activities under the Constitution and should not be allocated among members. The criteria for the contribution of industry associations were adopted by the General Assembly of Members or by members on behalf of the General Assembly. The industry associations should establish separate financial accounts to establish a robust financial management and oversight system, accounting for the accounts of the civil-profit organization accounting system (FCS No. [2004]7). Article 33 The registry management body should develop an industry association monitoring assessment approach with sectors such as development reform, regular monitoring assessment of the industry associations and the dissemination of assessment to society. Industry associations and their staff who have made a significant contribution to the economic and social development of the city should be rewarded by the commune, district and territorial governments. Article 31 Members of the Industrial Association contested industrial rules, industrial self-regulation measures or other decisions, which could be brought to the industry associations for review or, in accordance with the law, to the Government concerned. Non-member units and individuals believe that the relevant measures of the Association of Industry undermine their legitimate rights and interests, may require the industry associations to adapt or change the measures involved, or to bring proceedings to the people's courts in accordance with the law. Article 32 Trade associations should complete liquidation, with the guidance of the relevant management, prior to the process of write-off registration. During liquidation, activities other than liquidation shall not be carried out. The Industrial Association was revoked by law by the registry administration and was established by the relevant management organization of professionals to carry out liquidation under the law. In violation of the Social Group Registration Regulations and the provisions of this approach, the Industrial Association is governed by law by the registry administration. Article 34 of the Registration Management Body's application for the establishment of an industrial association that is not in accordance with the provisions of the establishment of an industrial association shall be reviewed, agreed or registered, and the direct responsible person shall be treated in accordance with the law; constitutes an offence punishable by law. Chapter VII Article XV of this approach has already been established before its operation, which is not in accordance with the provisions of this approach, shall be regulated within one year of the date of operation of the scheme. Article 36 of this approach was implemented effective 1 November 2007. |
