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(Adopted at the 119th ordinary meeting of the People's Government of the State of War, held on 11 September 2006, No. 228 of 20 September 2006 of the Order of the Government of the State of the Rélejane, which was published as from 1 November 2006) Chapter I General Article 1 promotes the development of industry associations, regulates the organization and conduct of industry associations, guarantees the role of industry associations in the construction of the socialist market economy and develops this approach in line with the relevant provisions of the laws and regulations such as the Social Group Registration Regulation of the Department of State. Article 2 Article 3. The industry associations referred to in this approach refer to the establishment, as approved by law, of economic activities in the same industry and the relevant industry, 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. Article IV aims at promoting industrial development and providing services to members; preserving industry, the legitimate interests and common economic interests; preserving market order and fair competition; and promoting public interest in the communication industry between the Government and the public. Article 5 In accordance with the Constitution, the Association of Industry carries out its activities independently, and any organization and individual may not intervene unlawfully. The civil affairs sector in the city, the district (market) is the registration authority of the Association. The urban, district (market) development reform sector is responsible for integrated coordination, such as industry associations' development, reform. Organization authorized by the Government of the municipality, the District and the People's Government in respect of the administration sector or the city, district, and district (community) government to perform the operational responsibilities of the Association. Chapter II Article 7. Governments of municipalities, districts (markets) should encourage and promote the development of industrial associations, based on local economic and social development. Article 8. Governments of municipalities, districts (markets) shall seek the views of relevant industry associations and inform the relevant industry associations when carrying out legislative activities related to industrial management, developing industrial technical norms, making major decisions on industrial development or implementing major administrative measures. Article 9 Governments of municipalities, districts (markets) should support the participation of industry associations in anti-dumping, anti-monopoly, anti-subsidised investigations, prosecutions and vetting. Article 10 Governments of municipalities, districts (communes) and relevant administrations should transform their functions, gradually assigning functionalities such as sectoral access review, qualification of skills, evaluation of technical functions, industrial assessment certificates, or entrusting industry associations with the authority of law. The Government and the relevant administration sector entrusted industry associations with public management and should take the form of buying services. Article 11. Governments of municipalities, districts (markets) and relevant administrations should facilitate the work of industry associations by helping industry associations to understand relevant legal, regulatory and policy measures and market information and to reflect industry's views and demands in a timely manner to the superior State organs. Industrial associations are required to carry out their activities under the law with the support of government departments or other social organizations, which should be actively supported within the purview of their respective offices, without precision and delay. Article 12. The development reform sector should develop an annual development plan of industry associations with the relevant executive branch to identify the list of industrial associations and specific enabling measures. The executive branch, such as labour and social security, personnel, should establish social insurance, personnel management provisions for social groups and support the introduction of talents by industry associations. Article 14. The institutions, personnel, finances of the Association shall be separate from the executive branch and operate independently, and the permanent offices of the Association shall not be co-located with the executive branch. Chapter III Registration Article 15. All-market-wide industrial associations or industry associations across regions and counties (markets) perform registration management and oversight functions under the law by the municipal registry administration. Industrial associations operating in the various districts, districts (communes) administrative areas, which perform registration management, oversight and management functions in accordance with the law by district, district (market) registration authorities. Article 16 Industrial associations may also be established in accordance with the classification of the national economic industry or in accordance with product classification, business, business or type of service. Regions, counties (communities) that focus on industrial enterprise concentration, industrial representation, product or service comparative advantages can be initiated by enterprises in the region as the subject of a whole-market industry association. The same industry associations may not be repeated within the same administration. Article 17 Establishing an industrial association shall have 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 activities of over $300,000. Article 18 (i) In line with the operational scope of the Association, the distribution of its members and the geographical composition of its activities, accurately reflecting the industrial characteristics; (ii) No name of the revoked industrial association or of the organization prohibited; (iii) There is a clear distinction between registered industrial associations; (iv) In line with other requirements set out in the Registration Management Regulations of Social Groups. Article 19 requires the establishment of an industrial association, which shall be subject to review by the competent unit of the operation, and shall apply for the preparation of the material provided by the sponsor within three months to the registry administration. Article 20 stipulates that, within 60 days of the date of receipt of the launchor's preparatory request, the registration authority shall make a decision to grant or not to grant preparation by law; and that the decision shall not be granted for the preparation of the decision shall be given to the sponsor in writing. Article 21 Investors have issued a press release to the Society for the preparation of an industrial association within 30 days of the receipt of a decision granted by the registered management body to accept a request for admission to the same industry, relevant industrial economic activities. The sponsor shall convene the General Assembly within six months of the date of the decision of the registry administration to grant preparation. Article 22 Creates the General Assembly to exercise the following functions: (i) Formulate constitutions and electoral approaches; (ii) Election of an organizational body of the Association of Industry. The creation of the General Assembly should involve more than two thirds of the applicant's attendance; the statute shall be adopted by more than two thirds of the applicant. Article 23. The establishment of an industrial association shall establish a statute of industry associations. The statute of the Association of Industry shall not be in violation of the laws, regulations, regulations and social ed. Article 24 shall apply for registration by the registry management authorities for the material required within 30 days of the creation of the General Assembly. Article 25 The registry administration shall, within 30 days of receipt of the request for registration, 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. Chapter IV Membership and organizational bodies Article 26 Industrial associations should implement the same voluntary admissions, refunding conditions and guarantee the right to equal access and return to all economic activities in the same sector, the relevant industry. Article 27 enjoys the following rights: (i) Participation in the membership General Assembly or on behalf of the General Assembly, in the activities of the Association of Industry and receive the services of the Association; (ii) The right to vote, the right to vote and the right to vote; (iii) The right to propose proposals, recommendations and oversight; (iv) Freedom of retreat; (v) Other rights under the Constitution. Members shall submit written documents to the Association of the Industries in the exercise of the above-mentioned rights through the membership representative. Article 28 should fulfil the following obligations: (i) Respect the statute; (ii) Implementation of resolutions adopted by the General Assembly or by members on behalf of the General Assembly; (iii) Payment of contributions by time; (iv) Other obligations under the Constitution. Article 29 shall not use the advantage of its scope of operation, market share, limit the legitimate operation of other members and violate the legitimate rights and interests of other members or other economic activity actors. Article 33 is the highest authority of the Association of Industry. The number of members exceeds 200, with membership representatives representing the General Assembly and exercising the functions of the General Assembly. Article 31 More than two thirds of the membership or membership representatives of the General Assembly may be held. More than half of the Council or more than one fifth of its members have proposed that temporary membership congresses or membership representatives be convened. Resolutions adopted by the General Assembly or by members on behalf of the General Assembly should be adopted by more than half of the membership or membership. Resolution on the following matters shall be adopted by a Member State or by a member on behalf of more than two thirds of the General Assembly or by a member representative of a member: (i) Amending the statute; (ii) Removal of members; (iii) Director (Chief of Council), Vice-President (Vice-President of the Council), Council, postal elections and dismissal; (iv) The dissolution and liquidation of associations. Article 32 is an implementing agency of the General Assembly or a member representing the Assembly, consisting of the President (Chief of the Council), the Vice-President (Vice-Chairman), the Council, elected by the Members' Assembly or by members on behalf of the General Assembly. More than 50 members of the Council may be elected from the Council to form the Council of Permanent Representatives to exercise its responsibilities. The Council, the Council of Permanent Representatives shall perform its functions in accordance with resolutions and statutes of the General Assembly or its members. Article 33 Governing Councils, the Standing Council of Ministers deals with industry associations in a conference manner. Each council or a standing council has one vote. The resolutions of the Council, the Standing Council should be adopted by more than half of the Council and the Standing Council. Article 34 of the Industrial Association has a secretariat to serve as a permanent agency for the Association. The Secretariat works under the leadership of the Secretary-General to deal with the day-to-day affairs of the Association. The Secretary-General is nominated by the Director (Chief of Council), who is appointed by the Council or by the Standing Council. Meetings of the Council or the Standing Council. Art. Less members of the industry associations may not be allowed to do so and only to do so. The heads of missions are elected by the Members' Congress or by members on behalf of the General Assembly. The number of prisons is regulated by the statute of the Association of Industry. The Bureau of Cassation or the Director-General oversees the operation and financial management of the Association of Industries, attend the meetings of the Council or the Standing Council. The Governing Council, the members of the Standing Council and the Secretary-General shall not serve as heads of office. Article XVI The statutory representative of the Industrial Association shall not be a legal representative of other social groups. The President of the General Assembly (Chief of the Council), the Secretary-General and the Director-General shall not be drawn from the same membership. The staff of the Standing Bureau of the Association of Industry should be progressively professionalized and professionalized. Functions Article 37 Industrial associations perform the functions of the following industry representatives: (i) Conduct industry statistics, surveys on behalf of the industry, participate in the argument of administrative decisions involving industrial development, reflect to the Government and the relevant administrative departments the concerns of the industry, propose relevant legislation and relevant technical norms, industrial development planning; (ii) On behalf of the members of the industry, undertake industry-specific collective negotiations and make observations and recommendations on the interests of the industry; (iii) On behalf of the members of the industry, anti-dumping, counter- subsidies, anti-monopoly surveys or safeguards applications, to assist the Government and relevant administrative departments in their anti-dumping, counter- subsidies, anti-monopoly investigations; and to participate in counter-dumping actions. Article 338 exercises the self-regulation functions of the following industries: (i) Implement the relevant laws, regulations, regulations and government-related policies in the industry; (ii) Establish industrial self-regulatory mechanisms to develop and organize the implementation of business practices in the industry and related quality, technology and service norms; (iii) Promote the implementation of national standards, industry standards or local standards. Article 39 Industrial associations perform the following industrial service functions: (i) To guide and assist members in improving business management; (ii) Training in industry and advisory services; (iii) Assist members in developing and implementing enterprise standards; (iv) To collect, publish industrial information and promote industrial products or services; (v) Conduct industry inspections, industry ratings and market assessments; (vi) Organizing industry exhibitions, solicitors and conducting national and international economic technical cooperation exchanges; (vii) Other activities to promote industrial development as set out in the Constitution. Article 40 (i) Coordinating the controversy arising between members, between members and non-members, between members and consumers in production operations; (ii) Coordination of the relationship between the Association of Industry and other industry associations or economic organizations; (iii) To communicate the relationship between the industry and the Government and the relevant administration sectors to assist the Government and the relevant administration sectors in their management; (iv) To monitor, direct products or service pricing within the industry, coordinate price disputes among members and maintain fair competition, guided by the price administration sector. Article 40, by law, legislative authorization or by the executive branch, may carry out the following activities: (i) Develop industrial development planning, industrial policy, product standards, service standards and industrial technical norms; (ii) Conduct public trust certificates, certificates of origin, quality review of industrial access, quality examination of skills, technical performance evaluation, product quality certification; (iii) An assessment of industrial production licences, export and import licences and major technological transformations in the industry, and technology introduction projects. Article 42 states that the following acts committed by industry associations against members shall be stopped and that they may be subject to correctional measures such as notification, warning, economic sanctions, de-listing, in accordance with the provisions of the Constitution: (i) Violations of laws, regulations, statutes or regulations; (ii) Violations of product standards, service standards or industrial technical norms; (iii) To undermine the legitimate rights and interests of consumers or other economic activity actors and undermine the overall image of the industry. In the case of members who operate in violation of the law, the Association should recommend and assist the relevant administrations to deal with the law. Chapter VI Oversight management Article 43 thirteenthly, the registry management body should establish a monitoring assessment methodology with the relevant administrations, such as development reform, and make assessments available to society. The government of the city, the district (market) should be rewarded for a significant industrial association in performance assessment. Article 44 authorizes or entrusts industry associations with the executive branch or organization concerned with public management matters, and shall conduct regular oversight of the implementation of delegated or commissioned matters. Article 42 does not include: (i) Contrary to fair competition, impairing the legitimate rights and interests of others or the public interest of society through the development of regulatory or other monopoly markets; (ii) The publication, provision of false information, information, documents such as false assessment of evidence, proof, certification, etc.; (iii) Constraint members from producing or participating in other legitimate social activities in accordance with the law; (iv) Discriminatory treatment among members; (v) Other acts prohibited by the statute of the Association of Laws, Legislation, Regulations and Industry. Article 46 of the Industrial Association established by law outside the present city's administrative region shall carry out its activities within the city's administration area, and shall be made available to the registration management body in the area of activity and to comply with the provisions of this approach. Article 47 provides funding through legal means such as collection of contributions, acceptance of donations or funding, and access to industrial services. The Association of Industry collects fees in activities such as industry assessment, relevant certificates, industrial qualifications review, and does not violate the provisions of the statutes of the Association. Article 48 should determine the criteria for contributions based on factors such as their scope of operations, the cost of work and the status of the production of members. The criteria for contributions should be adopted by the General Assembly of Members or by members on behalf of the General Assembly. Article 49 should implement the State-mandated financial management system. The Governing Council or the Standing Council shall make regular reports to the General Assembly of its members or to the General Assembly on the status of payments and accept oversight inspections by management. Financial audits should be carried out before the IAA was cancelled, the change of statutory representatives and the replacement of the elections. Article 50 provides for activities within the purpose and scope of the Constitution. Any unit or individual shall not intrus the legitimate assets of the Association of Industries. Article 50 quantifications accepted by industry associations, financing should be in accordance with the purposes and scope of operations set out in the Constitution; it was agreed with the donation, the financier and the financier. Industry associations receive donations, funding and should be reported on the registering of management authorities. In the event of the termination of article 52, the industry associations should be established by law under the guidance of management to carry out property liquidation. The members of the liquidation group are elected by the Council or the Standing Council; they cannot be selected and appointed by the registry administration. Reimbursement costs are prioritized from the property of the Industrial Association. During the liquidation period, industry associations may not carry out new operational activities. Chapter VII Legal responsibility Article 53 deals with violations of the provisions of this approach, and the relevant laws, regulations, regulations and regulations have been regulated accordingly. Article 54 has one of the following cases in industry associations, which are registered by the registry administration: (i) Provide registration of false material; (ii) The meetings of the General Assembly of Members, the General Assembly of Members or the Council, and the Standing Council of States that have not been convened for more than one year, in accordance with the statute; (iii) Unqualified inspections for two consecutive years; (iv) The number of members of the post-registration unit is less than 30, the number of individual members is less than 50, or the number of members of the unit, the number of individual members is less than 50, and the requirement is still not met in 60 days. Article 55 members of the Industry Association contested the practice of the Association of Industries, the measures of industrial corrections or other decisions, which may be brought to the industry associations for review or to bring proceedings to the People's Court in accordance with the law. Other organizations or individuals believe that the relevant measures of industry associations undermine their legitimate rights and interests, may require adjustments or changes in industry associations, or may be brought to justice by law or by law to the People's Court. Chapter VIII Article 56 of this approach, which has been established before its implementation, is not in accordance with the provisions of this approach and should be regulated by the provisions of this approach within one year after its operation. Article 57 |
